Date: 19981202
Docket: T-611-98
BETWEEN:
Petitioner
- and -
Respondent
AMENDED REASONS FOR JUDGMENT
CAMPBELL, J.:
[1] Subsequent to the filing of my reasons in this matter dated October 23, 1998, as requested therein, I received a draft order from Mr. Fisher, counsel for the applicant, which I asked be approved before signature by Mr. Merchant, counsel for the respondent.
[2] Subsequent to this request being made, upon comparison of the order with my reasons, I realized that, respecting the precise amounts payable under s.7(1) of the Guidelines, there are errors or omissions in the reasons. Having regard to paragraph 21 of the reasons, while these errors or omissions do not in any way affect the total amount found payable by the respondent under s.7(1), they require clarification and correction, and, accordingly for this purpose, pursuant to Rule 397(2) of the Federal Court Rules, I asked for a conference call with counsel.
[3] During the conference call conducted on November 26, 1998, Mr. Merchant argued that I am functus. As no order had yet been signed, I rejected this argument.
[4] I find that the draft order submitted accurately details the s.7(1) amounts proved in evidence and are, therefore, payable. As a result, I hereby amend paragraphs 9 to 13 of my reasons to read as follows:
| (a) child care expenses: s.7(1)(a) |
|
| [9] Ms. Braun claims the amount of $1,615.00 per year after tax as a child care expense. I find that, on her evidence, Ms. Braun proved that this amount is paid only due to her inability to care for the children directly related to her employment. |
|
| (b) medical and dental insurance: s.7(1)(b) |
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| [10] Since Ms. Braun is not permanently employed she must pay for necessary Blue Cross medical coverage. I, therefore, find that $387.00 per year is properly claimed in addition to the Guidelines amount. |
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| (c ) prescription drugs and glasses: s.7(1)(c) |
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| [11] Braden is asthmatic and requires special medication in the amount of $233.36 per year. He also requires glasses which will undoubtedly cost $139.00 per year to replace. I find these health care related expenses are warranted. |
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| (d) extraordinary education expenses: s.7(1)(d) |
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| [12] Within this category the claim is for private organ lessons for Braden in the amount of $528.00 per year and non-private organ lessons for Kiara in the amount of $490.00 per year. |
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| [13] I am impressed by Ms. Braun"s evidence that, from both an educational and self esteem point of view, it is healthy for both these children to have the lessons. Braden has already shown particular promise as a musician. In my opinion, this rather substantial expense is not one which should be paid by Ms. Braun on merely $728.00 per month, given the ordinary food, clothing, housing and general activity demands which these children make. Therefore, I find it is an "extraordinary" expense which meets the needs of these children, and is properly claimed. I find the expense for books in the sum of $40 per year falls within this category as well. |
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"Douglas Campbell"
Judge
EDMONTON, ALBERTA
December 2, 1998.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-611-98
STYLE OF CAUSE: DEANNA LYNNE HANSON v. ELMER ANTON HANSON
PLACE OF HEARING: Regina, Saskatchewan
DATE OF HEARING: September 30, 1998
REASONS FOR JUDGMENT The Honourable Mr. Justice Campbell
OF THE COURT:
DATED: December 2, 1998
APPEARANCES
Denis Fisher for the Petitioner
Anthony Merchant for the Respondent
SOLICITORS OF RECORD
Robertson Stromberg
600 - 106 Twenty First Street East
Saskatoon, Saskatchewan
S7K 0B3 for the Petitioner
Merchant Law Group
Saskatchewan Drive Plaza
2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8 for the Respondent
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