Almon v Hill, 2022 NSSC 350

SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Almon v Hill , 2022 NSSC 350 Date: 20221202 Docket: 55162 Registry: Sydney Between: Lorelle Almon Applicant v. Joseph Kevin Hill Respondent ADDENDUM Judge: The Honourable Justice Pamela Marche Heard: October 6, 2022, in Sydney, Nova Scotia Counsel: Emma Astephen for the Applicant Joseph Kevin Hill, Self-Represented By the Court: [ 1 ] This is an addendum to Almon v. Hill, 2022 NSSC 310 released October 31, 2022. In that decision, it was reported that Mr. Hill did not file written post-hearing submissions. This was incorrect. Mr.

Hill did, in fact, file written submissions which were not brought to the Court’s attention until after the release of the decision due to a clerical error. [ 2 ] Before I address Mr. Hill’s written submissions, I reference Whalen v. Whalen, 2018 NSCA 37 as it relates to the concept of functus officio and jurisdiction. In Whalen v. Whalen , the Nova Scotia Court of Appeal, citing the Supreme Court of Canada in Doucet- Boudreau v.

Nova Scotia (Minister of Education) , 2003 SCC 62 , confirms that once an order has been issued, the hearing judge cannot alter or amend the order, except to correct clerical mistakes or errors resulting from an accidental slip or omission (on the issue of mistakes or errors reference Nova Scotia Civil Procedure Rule 78.08 , commonly referred to as the “slip rule,” as well as Woods v. Ferguson , 2022 NSCA 1 ).

The judge’s function, more specifically her authority or jurisdiction, to determine the matter is over once an order is issued. [ 3 ] In this case, although a written decision has been rendered, an order has not been issued. I maintain jurisdiction over this matter. A conference was held on November 14, 2022, to allow both Respondents a further opportunity to be heard. Counsel for Ms. Almon made no further submissions. Mr.

Hill, continuing to represent himself, asked the court to rely on his written submissions and made the court aware that his accountant was now in possession of financial documentation that had previously been requested by the court but not disclosed by Mr. Hill. [ 4 ] In his written submissions, Mr. Hill acknowledged that he has fallen into arrears of child support payments but claims this is the result of the seasonal limitations of his employment and a slow down in the oil industry. Mr. Hill argues that his payment history demonstrates that he places a priority in reducing arrears through lump sum payments. Mr.

Hill further argues that since relocating the Cape Breton, he has struggled to comply with child support payments due to medication restrictions (kidney cancer), mental health issues (depression and social anxiety), Covid-19 mandates (employers not hiring workers who choose to be unvaccinated) and restrictions put in place by the Nova Scotia Maintenance Enforcement Program (suspension of driver’s licence). Mr. Hill goes on to submit that he is a hard worker, and he regrets not being to comply with his court ordered obligations. Mr.

Hill indicated his intention to return to work, once medically able to do so, but felt he would not be able to find employment in Nova Scotia comparable to the income he had previously earned in Alberta. [ 5 ] I have carefully considered Mr. Hill’s submissions. I am satisfied that Mr. Hill’s arguments in terms of his health issues, both physical and mental, his vaccination status, his decision to relocate, and his frustration with the Nova Maintenance Enforcement Program were previously fully canvassed and his post hearing submission did not serve to add anything more to my consideration of

those issues. Mr. Hill’s written submissions, in this regard, simply reiterate the claims Mr. Hill had put before the court prior to the written decision being rendered. Nothing else raised in the post-hearing submissions of Mr. Hill would serve to alter the substantive analysis of the legal issues addressed in the written decision Almon v. Hill , 2022 NSSC 310 . [ 6 ] An order will issue as previously directed. Any submission on costs must be received on or before December 19, 2022. Marche, J.