Green v Green, 2022 NSSC 105

SUPREME COURT OF NOVA SCOTIA FAMILY DIVISION Citation: Green v Green, 2022 NSSC 105 Date: 20220413 Docket: SFH No. 1201-071597 Registry: Halifax Between: Kelsey Green Applicant v. Heidi Green Respondent Endorsement Judge: The Honourable Justice Theresa Forgeron Heard: Decision: Adjournment Request March 28, 2022 March 30, 2022 Written release: April 13, 2022 Counsel: Kelsey Green, Applicant, self-represented Heidi Green, Respondent, self-represented By the Court: Adjournment Request [ 1 ] By letter dated March 28, 2022, Mr.

Green seeks an adjournment of the motion hearing to determine his request for state funded counsel, which is scheduled for Thursday, March 31, 2022, at 10:00 am to 2:30 pm. Mr. Green states that he first learned of the hearing date on March 23, 2022 from court administration. He states that he is “otherwise scheduled in an important personal matter on the morning of March 31 st …” No other details were provided. Objection to Adjournment Request [ 2 ] By letter dated March 29, 2022, Ms. Green objects to a further adjournment for reasons which include the following: • This is Mr.

Green’s second adjournment request. • Mr. Green’s application lacks merit. He was denied legal aid and his appeal of that decision was dismissed. • Mr. Green did not file the financial materials as ordered. Ms. Green believes that Mr. Green is abusing the court process. • Ms. Green is frustrated by what she believes to be Mr. Green’s endless applications and failure to follow through. • Ms. Green believes that Mr. Green will use any adjournment as a means to further delay the court hearing scheduled for May 30 and 31, and June 2, 2022. • Ms.

Green advises that an adjournment will result in personal difficulties given she already made alternative arrangements for her employment responsibilities. File History

[ 3 ] The parties are divorced spouses who were and continue to be before the court for many matters. The divorce decision is reported at KG v HG , 2021 NSSC 43 . The costs decision is reported at KG v HG , 2021 NSSC 142 . The decision on subpoenas is reported at KG v HG , 2021 NSSC 335 . The recusal decision is reported at Green v Green, 2022 NSSC 30 . The two Court of Appeal decisions are reported at Green v Green , 2021 NSCA 15 and Green v Green , 2021 NSCA 61 . Other proceedings are also initiated in other courts.

Another three-day hearing is scheduled before me on May 30, 31 and June 2, 2022. [ 4 ] At the time of the divorce proceeding, Mr. Green was employed as an engineer. The CRO (Support and Financial Matters) dated May 31, 2021, states that Mr. Green’s annual salary is $125,000 while Ms. Green’s annual salary is $84,107. The Consent Property Division Order dated December 4, 2020, states that Mr. Green received an equalization payment of $126,678.67 together with any RRSPs, bank accounts, investments, and savings held in his name. In addition, the RESP account was liquidated and equally divided. Further, Mr.

Green retained his vehicle and 50% of Ms. Green’s teacher’s pension. [ 5 ] Mr. Green seeks state funded counsel. He stated that his application for legal aid was denied. [ 6 ] Mr. Green’s application was first scheduled to be heard on February 24, 2022. By e-mail letter dated February 9, 2022, I directed Mr. Green to file financial documents as need is a factor which must be considered in a request for state funded counsel. Mr. Green was directed to file the financial materials by February 22, 2022. He was given copies of the forms which he needed to complete for filing.

The forms were a Statement of Property, Statement of Income, and Statement of Expenses. He was directed to supply proof of the value of all bank accounts, investments, savings, RRSPs, etc. He was directed to provide a copy of his last three years tax returns and Assessments. He was directed to provide proof of year-to-date income. [ 7 ] Mr. Green did not file any of the financial materials. [ 8 ] During the February 24, 2022 court appearance, Mr. Green requested and was granted an adjournment.

The parties were advised that a new hearing date would be set by scheduling. [ 9 ] On February 25, 2022, court administration mailed via Canada Post the stamped copies of the Notice to Appear confirming the date and time for the chambers hearing to determine Mr. Green’s request for state funded counsel. Also enclosed were stamped copies of the materials Mr. Green filed in support of the motion request. Mr. Green states that he did not receive the letter and enclosures that were mailed to him through Canada Post. [ 10 ] On March 18, 2022, Associate Chief Justice O’Neil once again emailed Mr.

Green with a copy of my letter of February 9, 2022, together with the financial forms that Mr. Green needed to file. [ 11 ] Mr. Green still did not file any of the financial materials. Decision [ 12 ] I am required to weigh three factors during a contested adjournment notice – prejudice to the applicant if an adjournment is not granted; prejudice to the respondent if the adjournment is granted; and prejudice to the public. In weighing these factors, I note as follows: • If an adjournment is not granted, Mr. Green will miss his otherwise scheduled important personal matter.

I have no details as to what the personal matter is; when the personal matter was scheduled; or whether the personal matter can be rescheduled. • If an adjournment is granted, Ms. Green will be required to rearrange her employment a third time to another rescheduled date. • If an adjournment is granted, valuable court time will once again be lost. Further, Mr. Green still has not filed any of the financial information that he was repeatedly ordered to file. Mr. Green has made no efforts to comply. For example, he did not file any T4 showing income earned in 2021. He did not file recent paystubs.

He provided no Statement of Property; no Statement of Income; and no Statement of Expenses. Mr. Green’s failures weigh heavily against an adjournment. [ 13 ] In the circumstances, I find that a second adjournment is not warranted. The motion will be heard tomorrow as scheduled. Forgeron, J