Territorial Court

Cathy Michele LEISHMAN v. Duane Percy MacDONALD  T-0001-CV2005000024
 2005 NWTTC 15




IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES


IN THE MATTER OF:

Cathy Michele LEISHMAN
Applicant

and


Duane Percy MacDONALD
Respondent



REASONS FOR DECISION
of the
HONOURABLE JUDGE Bernadette SCHMALTZ
______________________________________________________________________


Heard at:    Yellowknife, NT
     July 11 & 18, 2005

Counsel for the Applicant:      No one attending on behalf of the Applicant

Counsel for the Respondent:  Terry Nguyen
     Peterson Stang Malakoe


IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES


IN THE MATTER OF:

Cathy Michele LEISHMAN
Applicant
and

Duane Percy MacDONALD
Respondent

[1] Cathy Leishman, the Applicant, brought an Application to vary the amount of child support payable by Duane MacDonald, the Respondent, to an amount in accordance with the Child Support Guidelines, N.W.T. Reg. 138-98.

[2] My decision allowing the Variation Application was filed on July 19, 2005.  At that time I did not have enough information before me to decide on the issue of retroactive support, and that issue was put over until October 31st, 2005 at 9:30 a.m. to allow each party to file further material and information specific to the issue.  The matter was subsequently adjourned until November 28th, 2005.  The Respondent filed a written argument and case law opposing an application for retroactive support; prior to the matter being heard on November 28th, 2005, the Applicant did not file any further material on the issue of retroactive support.  I heard from the parties on November 28th, 2005, and reserved my decision.

[3] In the afternoon of November 28th, 2005, after this matter had been in Court that morning, Mr. Asmundson, representing the Government of the Northwest Territories Maintenance Enforcement, who appear on these matters to assist the court, brought to my attention a document that I understand has been filed in the Provincial Court of British Columbia.  This document is a solemn declaration declared in the Matter of the Interjurisdictional Support Orders Act, S.N.W.T. 2004, c.19, between Cathy Michele Leishman and Duane Percy MacDonald, and states that the Applicant is not pursuing retroactive support from the Respondent up and until March 31, 2005.

[4] Being advised that the Applicant does not wish to pursue any claim she may have to retroactive support, I make no order with respect to the issue of retroactive support.







Bernadette Schmaltz
J.T.C.

Dated this 2nd day of December, 2005, at
the City of Yellowknife, Northwest Territories