Court of Queen ’ s Bench of Alberta Citation: Johnston v. Johnston, 2011 ABQB 597 Date: 20110929 Docket: 4803 149789 Registry: Edmonton Between: Wendy Pearl Johnston Plaintiff - and - Raymond Harvey Johnston Defendant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Peter Michalyshyn _______________________________________________________ [ 1 ] The Plaintiff through counsel and the self-represented Defendant appeared before me September 27, 2011 to settle the terms of a trial judgment rendered April 26, 2011.

The Defendant has for some months refused to agree to the Plaintiff's form of Judgment Roll. [ 2 ] On April 26, 2011 the parties, on the eve of a multi-day trial, reached agreement with regard to all matrimonial property issues between them. At that time counsel for the Plaintiff described the agreement thoroughly on the record, including by reference to a lengthy spreadsheet. At that time the self-represented Defendant on the record indicated his consent to the agreement, not once but several times.

[ 3 ] Now, appearing before me some five months later, the Defendant for reasons outlined in his oral submissions refuses to agree to the form of Judgment Roll. The Defendant does not dispute however, that as of April 26, 2011 he had indeed reached an agreement with the Plaintiff and had consented to that agreement forming part of an order flowing from the events of April 26, 2011. Nor does the Defendant now dispute that the Plaintiff's form of Judgment Roll accurately reflects the April 26, 2011 agreement he made and consented to be made part of an order.

The Defendant has brought no application, nor filed evidence in support of his opposition to the proposed form of Judgment Roll. [ 4 ] In all of the circumstances it is appropriate for the Judgment Roll to be signed, each party to bear their own costs, and leaving the Defendant to pursue any further relief to which he may be entitled. Heard on the 26 th day of April, 2011. Dated at the City of Edmonton, Alberta this 28 th day of September, 2011. Peter Michalyshyn J.C.Q.B.A. Appearances: Dale E. Tumbach Yungwirth Tumbach for the Plaintiff Raymond Harvey Johnston self represented