Buskas v Reid, 2021 ABQB 628

Court of Queen’s Bench of Alberta Citation: Buskas v Reid, 2021 ABQB 628 Date: 20210809 Docket: 4812 008775 Registry: Wetaskiwin Between: Vickie Camille Buskas Plaintiff - and - Craig Clifford Reid Defendant _______________________________________________________ Endorsement of the Honourable Mr. Justice Robert A. Graesser _______________________________________________________ Background [ 1 ] This matter was directed to be heard by me as a Rule 4.10 Case Conference to assist the parties

schedule a hearing to resolve the current parenting issues between them. A number of applications have been scheduled so far in 2021 by Mr. Reid. An Early Intervention Case Conference was scheduled for April 2021, but it was cancelled because the parties did not file the necessary materials. [ 2 ] Both parties are self-represented. They have been separated for approximately eight years, and have been divorced for several years now. They share parenting of their three children. Shortly after their divorce, Mr. Reid applied to vary child support

because of a change in employment and earnings. Ms. Buskas made a number of applications relating to finalizing the property settlement. [ 3 ] In early 2021, Mr. Reid applied to vary the parenting

schedule because of a change in employment. That application was successful. Since then, the parties have argued over several issues. Mr. Reid would like his partner of some two years to be involved in pickups and drop-offs of the parties’ three children. Ms. Buskas objects. Mr. Reid would like to change the pickup location from Tim Horton’s to the parties’ residences. Ms. Buskas objects. Mr. Reid would like to claim and recover retroactively some of the Federal child tax credits, which Ms. Buskas has claimed since the parties separated. Ms.

Buskas is not prepared to share them retroactively or on an ongoing basis. Ms. Buskas also says that Mr. Reid has already argued these issues in court, and lost. She objects to him bringing them up again. [ 4 ] I invited Ms. Buskas to describe the issues she sees as needing resolution. She indicated that she has always had difficulty getting proper disclosure from Mr. Reid, and she would like an order preventing him from making further applications. [ 5 ] I enquired of the parties as to whether either of them wished to apply to change the shared parenting regime. Ms.

Buskas indicated that the children are resistant to spending time at Mr. Reid’s residence because they do not like the way they are disciplined by his partner. Both were, however, hesitant to put that issue on the table. Analysis [ 6 ] The parties have a long history of not getting along. At one stage some years ago, Veit J barred them from bringing applications until the matter was tried.

Repeated applications this year have involved a number of different judges in morning chambers, which place the judges in a difficult position without the background of the matter. [ 7 ] The parties did not describe major parenting disputes. The inability to agree on pickup and drop offs and new partners driving are irritants but not particularly significant. Dealing with the Federal child tax credit should to some degree be an exercise in cooperation – maximizing the benefits for the two households. [ 8 ] Ms. Buskas describes these issues as “non-negotiable” and then wonders why Mr. Reid takes her to court.

While Mr. Reid has described these issues in previous affidavits; there is nothing in the orders that have resulted from the various applications this year dealing with them. I do not see a res judicata or issue estoppel argument. I did not see response affidavits from Ms. Buskas, and expect the existence of a number of issues between the parties was why they were directed to an EICC. Unfortunately, the parties did not file the necessary materials for it to proceed. [ 9 ] I view the identified issues: pickups and drop-offs, the involvement of Mr.

Reid’s partner, and the Federal child tax credit, as requiring a viva voce hearing with proper notices of application, affidavits and supporting materials. The identified issues do not warrant more than a half day. Directions [ 10 ] I am advised that the earliest half days in Wetaskiwin for a viva voce hearing are January 4 at 2:00 pm or January 5 at 10:00 am, 2022. [ 11 ] I thus direct the parties as follows: 1. The parties should advise me of their choice of those dates by August 13, 2021; 2. Mr.

Reid shall file a Notice of Application and supporting affidavit regarding the above three issues by September 30, 2021; 3. Because child support is in issue, Mr. Reid must provide his 2020 disclosure to Ms. Buskas (items 1-9 in the standard Notice to Disclose) by September 15, 2021; 4. Ms. Buskas shall respond to those issues by an affidavit filed by October 31, 2021; 5. If Ms. Buskas wishes to make a cross application related to child support, she shall file a Notice of Application and affidavit in support for that issue along with her response affidavit by October 31, 2021; 6. Mr.

Reid may file a response affidavit by November 20, 2021; 7. There will be no other witnesses or affidavits at the hearing; 8. At the hearing, each party will have up to 15 minutes to confirm their affidavit evidence, and each party may question the other party for up to 30 minutes; and 9.

There will be no applications brought by either party before the hearing, without leave from me or from the Chief Justice or her designate. [ 12 ] If either party wants to apply to change parenting from shared parenting, they may only do so after they have attended a minimum of three sessions with a parenting expert to be agreed or appointed by the Court; those sessions shall include one session with each parent alone and one joint session. In the first instance, the parties will be responsible for the cost of their individual session and they will share the cost of the joint session.

Thereafter, they should consider whether a voice of the child report is necessary, as by then the oldest child will be at least 12 years old. I will retain jurisdiction to assist in scheduling either a special chambers application or viva voce hearing once these steps have been completed. [ 13 ] I urge the parties to try to learn to cooperate before they do more harm to their children.

Heard on the 29 th day of July, 2021. Dated at the City of Wetaskiwin, Alberta this 9 th day of August, 2021. Robert A. Graesser J.C.Q.B.A. Appearances: Vickie Camille Buskas, on her own behalf Craig Clifford Reid, on his own behalf