Canada Judgment

Supreme Court of British Columbia

Nordio v. Nordio

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Source document

01

Holding and result

The court concluded the divorce claim was properly before it during the November/December 2007 hearings; the omission of the separate divorce docket reference was a clerical oversight that did not affect jurisdiction, and the divorce order is declared to have been heard on December 6, 2007 and made in action No. E028559 on March 31, 2008 nunc pro tunc.

Court disposition

Divorce order declared to have been heard on December 6, 2007 and to have been made in action No. E028559 on March 31, 2008 nunc pro tunc.

Orders

  • The divorce claim in action No. E028559 is ordered to have been heard December 6, 2007 and the divorce order made in that action on March 31, 2008 nunc pro tunc.

02

Material facts

Parties

Erika Nordio

Plaintiff Counsel: P.C. Burke

Marco-Abel Nordio

Defendant Counsel: Self-represented

Muli 36 Electrical Ltd.

Defendant

Erika Schrey

Plaintiff Counsel: P.C. Burke

03

Procedural history

  1. Posture

    Family Law Divorce / Supplementary Reasons and Judgment (nunc Pro Tunc)

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant asserted that she requested the divorce order during the November/December 2007 hearings and that the court granted the divorce; the failure to reference the separate divorce file was an oversight and should be corrected by ordering the divorce nunc pro tunc to the date it was heard.
Respondent
No substantive opposition or alternative argument is recorded; the defendant appeared on his own behalf and the court records show no contested objection to correcting the clerical oversight.

05

Court’s reasoning

  1. 01

    Equitable jurisdiction of the Supreme Court of British Columbia / established case law

    A superior court may correct clerical or docketing errors and make nunc pro tunc orders to reflect what occurred in court

  2. 02

    Supreme Court practice and the court's supervisory authority (recorded in these Reasons)

    Where the matter was properly before the court on the evidence, a misreference to a docket does not deprive the court of jurisdiction to make the order

06

Ratio, limits and disposition

Ratio decidendi

The court concluded the divorce claim was properly before it during the November/December 2007 hearings; the omission of the separate divorce docket reference was a clerical oversight that did not affect jurisdiction, and the divorce order is declared to have been heard on December 6, 2007 and made in action No. E028559 on March 31, 2008 nunc pro tunc.

Obiter and limits

  • The omission of the divorce file reference was an oversight by the parties and the court and may be corrected by the court's record-keeping and nunc pro tunc powers.

Court disposition

Divorce order declared to have been heard on December 6, 2007 and to have been made in action No. E028559 on March 31, 2008 nunc pro tunc.

  • The divorce claim in action No. E028559 is ordered to have been heard December 6, 2007 and the divorce order made in that action on March 31, 2008 nunc pro tunc.

Source and reliance status

Supreme Court of British Columbia · 12 January 2010

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Judgment text

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Source document

Supreme Court of British Columbia

Judgment· 12 January 2010

2010 BCSC 35

2010 BCSC 35 Nordio v. Nordio

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Nordio v. Nordio, 2010 BCSC 35 Date: 20100112 Docket: E025703 Registry: New Westminster Between: Erika Nordio Plaintiff And Marco-Abel Nordio and Muli 36 Electrical Ltd. Defendants - and - Docket: E028559 Registry: New Westminster Between: Erika Schrey Plaintiff And Marco-Abel Nordio Defendant Before: The Honourable Mr. Justice Crawford Supplementary Reasons to 2008 BCSC 383, Nordio v. Nordio [NW E025703], dated March 31, 2008 Supplementary Reasons for Judgment Counsel for Plaintiff: P.C. Burke Defendant Marco-Abel Nordio: Appearing on his own behalf Place and Date of Hearing: New Westminster, B.C. November 8 and December 6, 2007 Place and Date of Judgment: New Westminster, B.C. January 12, 2010 [1] The family law action New Westminster Registry No. E025703 of Mrs. Nordio initially came on for hearing before me in July 2007. [2] The hearing continued in November and December of 2007. [3] Mrs. Nordio, describing herself as Erica Schrey, commenced another action seeking a divorce on October 30, 2007: New Westminster Registry No. E028559. [4] During the November and December 2007 hearings, Mrs. Nordio asked for the divorce order and on the evidence before me, I granted that order in paragraph 9 of the Reasons given March 31, 2008. Those Reasons do not reference the divorce action No. E028559. [5] I am satisfied the matter was properly before me and simply by oversight the divorce file was not correctly referenced by the parties or myself at the time. The divorce claim is therefore ordered to have been heard December 6, 2007 and the divorce order made in action No. E028559 on March 31, 2008 nunc pro tunc. "The Honourable Mr. Justice Crawford"

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Nordio v. Nordio, 2008 BCSC 383

Case cited

Nordio v. Nordio, 2010 BCSC 35

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