ROGER MARTIN BUCSIS PETITIONER - v. -, 2003 SKQB 146

2003 SKQB 146 F.L.D. A.D. 2003 No. 14 J.C. R. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF REGINA BETWEEN: ROGER MARTIN BUCSIS PETITIONER - and - ELIZABETH ELAINE POITRAS RESPONDENT The petitioner, self represented No one appearing for the respondent FIAT KRAUS J. March 27, 2003 [ 1 ] The petitioner applies for judgment without notice to the respondent, even though the respondent served her answer and counter-petition on the solicitor for the petitioner on March 21, 2003.

Despite delivery of the answer and counter-petition by the respondent, the petitioner purported to note her for default of answer on March 24, 2003. The noting for default on that date was made in error; I am advised by the Local Registrar that the earliest date for the noting for default was March 25, 2003.

[ 2 ] In any event, it is ordered that the noting for default be set aside because of the irregularity, and leave is given to the respondent to file her answer and counter-petitioner. [ 3 ] The petitioner brought another application (F.L.D. No. 462/2002, J.C. Regina), which application was dismissed by order made December 18, 2002. By that order, leave was given to recommence the application upon service of the mother of Elana Montpetit —Elizabeth Poitras of Vancouver, and her father, James Montpetit of Regina. It is ordered that this file, F.L.D. No. 14/2003, J.C. Regina, be consolidated with F.L.D.

No. 462/2002, J.C. Regina, and that Roger Martin Bucsis must obtain leave of the Court before commencing any other family law proceeding with respect to his child, Dallas Nicole Montpetit, born June 20, 1992. [ 4 ] In the circumstances, the petitioner’s application for judgment, which is premature, is dismissed. J.