Case information
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30837
Kenneth Hiemstra v. Geraldine Hiemstra
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-05-22 | Appeal closed | |
| 2008-05-22 | Certificate of taxation issued to, Gregory D. Turner | |
| 2008-05-15 | Decision on the bill of costs, in the amount of $5,890.24, Reg | |
| 2008-05-14 | Submission of the bill of costs, Reg | |
| 2008-04-10 | Correspondence received from, G.D. Turner (dated April 10/08), re.: Copy of a judgment roll to be filed (original rec'd April 15/08) | Geraldine Hiemstra |
| 2008-03-27 | Correspondence received from, G. Turner, re.: update regarding Taxation | Geraldine Hiemstra |
| 2007-11-06 | Bill of costs, (rec'd proof of disbursements - May 7/08), Completed on: 2007-11-06 | Geraldine Hiemstra |
| 2006-09-13 | Record returned to the Registrar of the Court of Appeal | |
| 2006-08-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-08-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-07-31 |
Judgment on the appeal rendered, CJ Ba LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0403-0263-AC, 2005 ABCA 16, dated January 17, 2005, heard on February 13, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2006-05-05 | Correspondence received from, Heather Spigelski, re: lock-up | Kenneth Hiemstra |
| 2006-05-05 | Correspondence received from, Mrs. D. Smith, re: lock-up | Kenneth Hiemstra |
| 2006-05-02 | Correspondence received from, Gregory D. Turner, re: lock-up | Geraldine Hiemstra |
| 2006-04-18 | Correspondence (sent by the Court) to, all parties, re: lock-up | |
| 2006-03-01 | Transcript received, (99 pages) | |
| 2006-02-13 | Judgment reserved OR rendered with reasons to follow | |
| 2006-02-13 | Acknowledgement and consent for video taping of proceedings | |
| 2006-02-13 |
Hearing of the appeal, 2006-02-13, CJ Ba LeB De F Abe Cha Judgment reserved |
|
| 2006-02-13 | Appellant's condensed book, 14 copies - distibuted in Court. | Kenneth Hiemstra |
| 2006-02-10 | Appellant's book of authorities, Supplemental authority to be included in Joint Book of authorities - distributed at the hearing., Completed on: 2006-02-10 | Kenneth Hiemstra |
| 2006-01-31 | Notice of appearance, Gregory D. Turner will be appearing. | Geraldine Hiemstra |
| 2006-01-26 | Notice of appearance, D. Smith and Sue Milne will be appearing. | Kenneth Hiemstra |
| 2006-01-17 | Appeal perfected for hearing | |
| 2006-01-16 | Order on motion for leave to intervene | |
| 2006-01-16 |
Decision on the motion for leave to intervene, Bi, UPON APPLICATIONS by the Women's Legal Education and Action Fund, in file number 30808, and the Defence for Children International-Canada and the Canadian Foundation for Children, Youth and the Law, in file numbers 30808, 30807, 30809 and 30837, for leave to intervene in the above appeals; AND THE MATERIAL having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund, is dismissed. The motion for leave to intervene of the applicant, the Defence for Children International-Canada and the Canadian Foundation for Children, Youth and the Law, is dismissed. Dismissed |
|
| 2006-01-16 | Submission of motion for leave to intervene, Bi | |
| 2006-01-16 | Respondent's book of authorities, Completed on: 2006-01-16 | Geraldine Hiemstra |
| 2006-01-16 | Respondent's record, Completed on: 2006-01-16 | Geraldine Hiemstra |
| 2006-01-16 | Respondent's factum, Completed on: 2006-01-16 | Geraldine Hiemstra |
| 2005-12-23 | Response to the motion for leave to intervene, (Letter Form), cc. to other parties by fax (request to file a reply factum included), Completed on: 2005-12-23 | Kenneth Hiemstra |
| 2005-12-21 | Response to the motion for leave to intervene, (Letter Form), from Gregory D. Turner dated Dec. 21/05, Completed on: 2005-12-21 | Geraldine Hiemstra |
| 2005-12-15 | Motion for leave to intervene, (joint with 30807-808-809), Completed on: 2005-12-15 | Defence for Children International-Canada and Canadian Foundation for Children, Youth and the Law |
| 2005-12-09 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-02-13 Judgment reserved |
|
| 2005-11-22 | Correspondence received from, Marie-France Major dated Nov. 22, 2005. Re: Insertion of pages in authorities (Pages changed in all books) | Kenneth Hiemstra |
| 2005-11-21 | Book of authorities, 2 volumes (Joint with 30808, 30807 & 30809), Completed on: 2005-11-24 | Kenneth Hiemstra |
| 2005-11-21 | Appellant's record, (Vol. I and II - CA reason signed version rec'd Dec. 15/05), Completed on: 2005-12-21 | Kenneth Hiemstra |
| 2005-11-21 | Appellant's factum, Completed on: 2005-11-21 | Kenneth Hiemstra |
| 2005-11-10 | Correspondence received, from Lang Michener re: Appellant will file its factum on Nov. 21/05 | |
| 2005-10-25 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2005-10-19 | Correspondence received from, G. D. Turner dated Oct. 12/05 re: confirming Stephen Acker from Johnston & Puchan as Ottawa agent | Geraldine Hiemstra |
| 2005-09-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-09-12 | Notice of appeal, Completed on: 2005-09-12 | Kenneth Hiemstra |
| 2005-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-19 | Judgment on leave sent to the parties | |
| 2005-08-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0403-0263-AC, 2005 ABCA 16, dated January 17, 2005, is granted. This appeal will be heard with Daryl Ross Henry v. Celeste Rosanne Henry (30807); D.B.S. v. S.R.G. (30808) and T.A.R. v. L.J.W. (30809). Granted |
|
| 2005-06-06 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-24 | Correspondence received from, A. Stevenson dated May 24, 2005 (fax copy) re: enclosing revised orders (joint with 30807-8-9) - inserted in leave books | Kenneth Hiemstra |
| 2005-05-16 | Correspondence received from, D. Smith dated May 13/05 re: enclosing recent decision from the Ontario C/A | Kenneth Hiemstra |
| 2005-04-15 | Applicant's reply to respondent's argument, Completed on: 2005-04-15 | Kenneth Hiemstra |
| 2005-04-08 | Respondent's response on the application for leave to appeal, (Letter Form), from Gregory D. Turner dated Apr. 7/05, Completed on: 2005-04-08 | Geraldine Hiemstra |
| 2005-03-22 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-03-18 | Application for leave to appeal, C/A Order and Judgment missing - Rec'd April 11, 2005., Completed on: 2005-04-11 | Kenneth Hiemstra |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hiemstra, Kenneth | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hiemstra, Geraldine | Respondent | Active |
Counsel
Party: Hiemstra, Kenneth
Counsel
1520 - 70 York Street
Toronto, Ontario
M5J 1S9
Telephone: (416) 363-4100 Ext: 26
FAX: (416) 363-4104
Email: dsmith@smithfamilylawgroup.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Hiemstra, Geraldine
Counsel
10316 - 124 St. N.W.
Edmonton, Alberta
T5N 1R2
Telephone: (780) 423-1984
FAX: (780) 423-1969
Agent
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Family law - Maintenance - Child support - Child Support Guidelines - Retroactive child support for two children of the marriage - Custodial arrangement evolving over time from custody with the Appellant, to shared custody, to arrangement whereby one child resided with the Respondent and the other received financial support from the Respondent while in attendance at college - Application for child support and retroactive child support brought under Guidelines for support in accordance with Guideline amount - Applicable principles for award of retroactive support - Whether Guidelines or Divorce Act, as amended, create an annual positive duty of disclosure and variation - Whether retroactive awards should be the rule or the exception.
Following the parties’ divorce in 1996, both children of the marriage resided with the Appellant father. This custodial arrangement later evolved into a shared custody arrangement, and later still, into an arrangement whereby one child lived with the Respondent mother and the other child, who attended a college, also received financial support from the mother. The Appellant’s income was much higher than that of the Respondent. The Respondent mother applied for retroactive support from the time she had first requested financial assistance from the Appellant, which occurred during the period of shared custody.
The applications judge awarded retroactive child support calculated from January 1, 2003. This award was upheld on appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
4803 97919
Applicant ordered to pay retroactive and ongoing child support
Court of Appeal of Alberta (Edmonton)
0403-0263-AC, 2005 ABCA 16
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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