Hoffarth v. Hoffarth, 2012 ABQB 356

Court of Queen ’ s Bench of Alberta Citation: Hoffarth v. Hoffarth, 2012 ABQB 356 Date: 20120528 Docket: 4803 138515 Registry: Edmonton Between: Penny Charlene Hoffarth now known as Alexandria Vachon Plaintiff - and - William Wayne Edward Hoffarth Defendant _______________________________________________________ Memorandum of Decision of the Honourable Madam Justice J.H. Goss _______________________________________________________ [ 1 ] A Special Chambers hearing was heard by me on June 18, 2010. Counsel have been unable to settle the terms of the Order regarding the s. 7 arrears for 2007 - 2010.

Further affidavits were filed by each party further clarifying what expenses were claimed as a s. 7 expense by the Applicant and what payments had been made by the Respondent. [ 2 ] The further affidavits filed confirm that the parties agree that the arrears outstanding and yet unpaid for the various years is: 2007 $285.22 2008 $254.70

[ 3 ] The parties agree that the s.7 child support outstanding for 2009 is $1,768.28. Ms. Vachon states in her affidavit that no payment was made by Mr. Hoffarth in 2009 toward s. 7 expenses. Mr. Hoffarth deposes in his affidavit that he paid $1,250 in 2009 by way of two installments of $625 on Feb 1, 2009 and Aug 1, 2009. The cancelled cheques are attached to his affidavit.

I am satisfied that $1,250 has been paid toward the 2009 s. 7 expenses and that $518.28 remains due and payable. [ 4 ] The parties agree on all of the s. 7 expenses claimed with receipts for 2010 with the exception of a receipt for gas in the amount of $89.01 and a receipt for a two night stay at the Radisson Hotel in Barrie, Ontario in October 2010 for $282.50. Nothing further is submitted or stated by Ms. Vachon in relation to these two receipts. The receipts do not tell me what they relate to. They could be for anything.

On that basis, I am not satisfied on the evidence before me that the receipts are an extraordinary expense related to hockey or lacrosse. I find that the s.7 expenses for 2010 are $1,918.18. [ 5 ] It is furthermore deposed by Ms. Vachon that Mr. Hoffarth has not paid anything toward his s.7 obligation for 2010. Mr. Hoffarth deposes that he paid $625 to Ms. Vachon on Feb 1, 2010 and attached a cancelled cheque to his affidavit.I am satisfied that $625 has been paid toward the 2010 s. 7 expenses and that $1,293.18 remains due and payable. [ 6 ] The total arrears of $2,351.38 remains due and payable by Mr.

Hoffarth to Ms. Vachon for s. 7 expenses from 2007 to 2010. Dated at the City of Edmonton, Alberta this 25th day of May, 2012. J.H. Goss J.C.Q.B.A. Appearances: Navdeep S. Virk Virk Law 310, 10357 109 Street Edmonton, AB T5J 1N3 for the Plaintiff Maritza Verdun-Jones Jodway Law Barristers & Solicitors 7311 James Street, Mission BC V2V 3V5 for the Defendant