Sidhu v. Sidhu

Sidhu v. Sidhu

The applicant failed to adduce sufficient evidence to meet the Earle test for cancellation of arrears: insufficient proof that reduced income between 1991 and 2006 was significant, long lasting, non-elective and supported by corroborating evidence; insufficient evidence of present hardship; no persuasive evidence of an agreement to transfer the Calgary home in lieu of child support; the respondent did not attorn to Alberta by signing an adjournment consent before receiving legal advice. Accordingly the Alberta provisional order cancelling arrears is not confirmed at this time; the matter is remitted to the Alberta Court of Queen's Bench to allow the applicant to file specified additional...

Citation
2014 BCSC 296
Parties
Claimant/respondent: Mindy Kaur Sidhu; Respondent/applicant: Navjit Singh Sidhu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 February 2014
Procedural Posture
Divorce Act Confirmation of Provisional Variation Order (child Support) / Confirmation Hearing on Provisional Order (application to Confirm/cancel Arrears)
Outcome
Provisional order from Alberta not confirmed at this time; matter remitted to Alberta for further evidence and adjourned pending receipt of that evidence; BC court remains seized on return
Legal Topics
Variation of Support, Cancellation of Arrears, Attornment, Hardship, Remittance for Further Evidence
Source Language
English
Family Law Child Support Divorce Act Reciprocal Enforcement Variation of Support Cancellation of Arrears Attornment Hardship +1 more

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Parties

Mindy Kaur Sidhu

Claimant/respondent

Navjit Singh Sidhu

Respondent/applicant

Procedural Posture

Divorce Act Confirmation of Provisional Variation Order (child Support) / Confirmation Hearing on Provisional Order (application to Confirm/cancel Arrears)

Legal Issues

  1. 1 Whether the respondent attorned to the jurisdiction of Alberta
  2. 2 Whether the Alberta provisional order cancelling approximately $52,000 in child support arrears should be confirmed or set aside (i.e. whether arrears should be cancelled)

Ratio Decidendi

The applicant failed to adduce sufficient evidence to meet the Earle test for cancellation of arrears: insufficient proof that reduced income between 1991 and 2006 was significant, long lasting, non-elective and supported by corroborating evidence; insufficient evidence of present hardship; no persuasive evidence of an agreement to transfer the Calgary home in lieu of child support; the respondent did not attorn to Alberta by signing an adjournment consent before receiving legal advice. Accordingly the Alberta provisional order cancelling arrears is not confirmed at this time; the matter is remitted to the Alberta Court of Queen's Bench to allow the applicant to file specified additional...

Court Disposition

Provisional order from Alberta not confirmed at this time; matter remitted to Alberta for further evidence and adjourned pending receipt of that evidence; BC court remains seized on return

Orders

  • Provisional order cancelling child support arrears declined confirmation at this time
  • Matter remitted to the Court of Queen's Bench of Alberta to receive further evidence from the applicant regarding reduced income (1991-2006) and hardship and for forwarding that evidence to the Supreme Court of British Columbia