Martyniuk v. Frederickson

Martyniuk v. Frederickson

The summary trial application is dismissed because the affidavit evidence contains fundamental, unresolved conflicts about whether the 2006 oral settlement included a pension waiver and insufficient factual detail on child support and the children's status; the necessary facts cannot be found on the material before...

Source-derived case information.

Citation
2014 BCSC 909
Parties
Claimant: Joni Leanne Martyniuk (also known as Joan Leanne Frederickson); Respondent: Gordon David Frederickson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 May 2014
Procedural Posture
Family Law Summary Trial Application / Reasons for Judgment (in Chambers)
Outcome
Application for summary trial dismissed
Legal Topics
Summary Trial, Child of the Marriage, Pension Waiver, Child Support Arrears, Oral Settlement Agreements, Credibility Assessment
Source Language
english
Family Law Divorce Child Support Property Division Pension Rights Summary Trial Child of the Marriage Pension Waiver +3 more

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Parties

Joni Leanne Martyniuk (also known as Joan Leanne Frederickson)

Claimant

Gordon David Frederickson

Respondent

Procedural Posture

Family Law Summary Trial Application / Reasons for Judgment (in Chambers)

Legal Issues

  1. 1 Whether the 2006 oral agreement included a waiver by the claimant of an interest in the respondent's municipal pension plan
  2. 2 Whether the respondent fulfilled the terms of the 2006 settlement and is entitled to relief based on that settlement
  3. 3 Whether the parties' children remain 'children of the marriage' for purposes of the Divorce Act and child support

Ratio Decidendi

The summary trial application is dismissed because the affidavit evidence contains fundamental, unresolved conflicts about whether the 2006 oral settlement included a pension waiver and insufficient factual detail on child support and the children's status; the necessary facts cannot be found on the material before the court and credibility issues make summary disposition unjust.

Court Disposition

Application for summary trial dismissed

Orders

  • Application for summary trial dismissed
  • Costs in the cause