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Kit #15

Pre-trial Conferences*

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*This self-help kit is not a substitute for professional legal advice. It does not address all possible situations nor does

it cover all areas of applicable legislation. You use this kit entirely at your own risk. The legal process can be

complicated and it is recommended that you consult with a lawyer before filing any documents and proceeding to

court.

(April 2019)

You can use this kit help set up and prepare for a Pre-Trial Conference.

If you have any questions, please feel free to contact:

Family Law Information Centre

1-888-218-2822 (extension 2)

(306) 787-5837

svp@gov.sk.ca

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TABLE OF CONTENTS

I. What is a Pre-trial Conference? -------------------------------------------------- 3

II. How to get to Pre-trial ------------------------------------------------------------- 4

III. Rules of Court relating to Pre-trial ---------------------------------------------- 6

IV. Do I need a lawyer? ---------------------------------------------------------------- 8

V. What documents do I prepare before the Pre-Trial conference? ------------- 9

VI. What can I expect from the other party? -------------------------------------- 12

VII. What do I do on the date of the Pre-Trial Conference? -------------------- 13

VIII. What if I have questions when I am using this kit? -------------------------- 14

Judicial Centres in the Province of Saskatchewan--------------------------------15

FORMS

Joint Request for Pre-trial ---------------------------------------------------------------- 16

Rule 4-11(2) Certificate ------------------------------------------------------------------- 19

Pre-Trial Brief ------------------------------------------------------------------------------ 20

Financial Statement ------------------------------------------------------------------------ 25

Property Statement ------------------------------------------------------------------------ 47

Practice Directives from the Court ------------------------------------------------------ 57

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I. What is a Pre-Trial Conference?

A Pre-Trial Conference is a mandatory step before trial, which attempts to resolve any outstanding

issues before parties proceed to trial. It is a settlement meeting where the parties (and their lawyers,

if represented by counsel) are required to appear. The parties meet in a private room (not in open

court) with a judge. Parties are required to prepare a document called a ‘pre-trial brief’, outlining

the facts of the case, the position they are taking and any past case law supporting that position.

There is more information on pre-trial briefs later in this kit.

The Pre-trial Judge will review both pre-trial briefs prior to the conference date. At the Pre-trial

conference, the Judge may provide each side with an assessment of what may happen at trial. This

may help the parties try to reach a settlement, without the necessity of actually proceeding to trial.

As well, the judge will help facilitate settlement discussions between the parties. It is important to

note that the Pre-Trial Judge does not make a ruling to decide your case. If any agreement is

reached at Pre-trial, then the judge may approve a consent order to be issued.

Anything said at the pre-trial conference is privileged and cannot be used at trial. In this respect,

it is very much like mediation. This will also encourage the parties to try to settle any outstanding

issues, without the fear that any offer made at Pre-trial could later be brought up at trial. After Pre-

trial, the documents that are filed to support your position are removed from the court file and

returned to you. If the matter proceeds to trial, you can then resubmit those documents as trial

exhibits. Also, if any issues are not settled at Pre-trial, and the matter proceeds to trial, the pre-trial

Judge cannot be the trial Judge. However, the pre-trial Judge may help deal with some procedural

issues so that a trial can be run in a more organized manner. All of these things are done so that

the trial judge will be looking at the case without being influenced by the settlement discussions

that took place at Pre-trial.

In some instances, Pre-trial may be adjourned. If the parties are missing information that may assist

in settling any of the issues, the process can be temporarily suspended and reconvened at a later

date. It is preferable to try to put together all relevant information ahead of time so that an

adjournment is not necessary, as this will normally result in a more timely resolution of any matters

that are being contested.

Although you may currently feel that an agreement will not be reached and a trial will be required,

past history has shown that many people will settle some or all of their issues at Pre-trial, as it will

most likely save both parties the time, effort, and money that accompany a family law trial.

Furthermore, the parties will be sure of the outcome, as opposed to the uncertainty and potential

costs that come with trial.

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II. How to get to Pre-trial

A family law court proceeding is started by one party (Petitioner) filing a Petition with the Court

of Queen’s Bench and serving the opposing party (Respondent) with a copy of that document.

The Respondent will usually then file an Answer (and possibly also a Counter-Petition) with the

Court of Queen’s Bench and serve a copy of those documents on the Petitioner.

From this point, the parties will have laid out their positions concerning which issues they would

like to have resolved and you they would like those issues to be resolved.

The process to resolve the issues that have been brought forward in a Petition, Answer, and

Counter-Petition can be resolved quickly, or may take a long time to be finalized. At some point,

parties may reach an agreement on some or all of the issues. Sometimes, an agreement cannot be

reached.

Certain issues are more urgent than others. Sometimes, one of the parties will bring a court

application for an interim order. This is a request to get a temporary court order, so that something

can be put into place in the time frame between separation and when the issues are finally resolved.

It is common to see court orders granted for interim custody, access, and support. The Family Law

Information Centre can provide you with a separate package if you need to file any application for

an interim order, or to resolve some other time-sensitive issue.

Interim orders can stay in place indefinitely. However, the parties still have the ability to negotiate

a final resolution to any of their issues, or to take the matter to trial to have a judge hear all evidence

before making a final decision.

When negotiating a settlement of any issues, it is usually necessary for all relevant information to

be exchanged. You are able to request any relevant information from the opposing party, if it is in

their possession. They can do the same from you. If either party cannot obtain this relevant

documentation from the other, then the requesting party may bring a court application to force the

documentation to be disclosed. There is a separate kit that will allow you to do this, if necessary.

If one or both parties wish to proceed to trial, it is mandatory to first attend a Pre-trial conference.

There are a few preliminary requirements that must be satisfied. You will have to confirm that

certain steps have been taken before a Pre-trial will be scheduled. These items can be found in the

Joint Request for a Family Law Pre-Trial Conference Form at page 16 in this kit.

Read through the form carefully. If there are steps that still need to be completed before signing

the form, you will need to complete them first.

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At some point in the legal process, you may be served with a Joint Request Form from the opposing

party, or their lawyer. Alternatively, you may be the party that serves the form on the opposing

party or their lawyer.

If both parties fill out their respective portions of the form, and both sign the Joint Request form,

then the form can be filed at the Court of Queen’s Bench by one of the parties along with the $75

filing fee. This fee must be paid by cash or certified cheque. After this, the Court of Queen’s Bench

can tell you the process for setting a Pre-trial date. This process may vary between court locations.

This is one way that you can have a Pre-trial date set.

Sometimes, one party serves a Joint Request on another party and they do not fill out the form as

requested. When this happens, the requesting party has several options:

1) If no response is given, then pursuant to Rule 4-11(2) you can obtain a date directly from

the Local Registrar. You will have to complete the Certificate under Rule 4-11(2) form at

page 18 in this kit. Once you obtain the date, you must advise the other party of this date.

2) If the opposing party advises you that they are not ready to proceed to Pre-trial, then you

can either wait for the time that the opposing party is ready to proceed, or pursuant to Rule

4-11(3), you can bring a court application asking for an order to force the scheduling of a

Pre-trial date. To proceed with this application, contact the Family Law Information Centre

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obtain a different package.

This process can be used if the opposing party has declined to complete the Joint

Request form, and you believe that all the requirements set forth in the Joint

Request form have been met.

This process can only be used if the opposing party has given you no response

when you have served them with the Joint Request form.

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III. Rules of Court relating to Pre-trial

It is recommended that you review the relevant Rules of Court prior to attending Pre-trial. You

can obtain a complete copy of the Rules of Court here:

http://www.publications.gov.sk.ca/freelaw/documents/English/QBRules/25QBRules-Parts1-18.pdf

For your benefit, a summary of the relevant Rules of Court relating to Pre-trial conferences are

reproduced below. This summary is not intended to provide you with all of the information that

you need to know. It is recommended that you review all of the relevant rules in their entirety to

ensure that you are in compliance with the legal requirements surrounding pre-trial conferences.

Rules 15-21 & 9-2: A pre-trial conference must be held before a trial date is scheduled.

Rule 15-37(3): At least 10 days before pre-trial, you must either file an updated financial

statement and property statement, or an affidavit stating that the information

from the previous financial and property statements has not changed.

Rule 4-11: There are three ways to set a date for a Pre-trial conference:

a) Both parties can sign a Joint Request form [Rule 4-11(1)];

b) If Pre-trial request ignored, then a date can be set by requesting

party [Rule 4-11(2)];

c) If Pre-trial request refused, then requesting party can apply to

have a date set by court order [Rule 4-11(3)].

Rule 4-12 This rule sets out the purpose and goals of a pre-trial conference.

Rule 4-13(1) Pre-trial briefs exchanged at least 10 days before the Pre-trial date

Rule 4-13(2) This rule sets out the contents of a Pre-trial brief.

Rule 4-14(5) There is no requirement to disclose a list of trial witnesses in Family Law

matter, except for expert witnesses, which appear in later rules.

Rule 4-15(1) Unless otherwise ordered, all parties and lawyers must appear at Pre-trial.

Rule 4-17 This rule indicates that Pre-trial can be adjourned by judge.

Rule 4-18 This rule outlines the documents that can result from the various possible

outcomes from Pre-trial.

Rule 4-19 The Pre-trial process and documents are privileged and cannot be used as

evidence at trial.

Rule 4-20 The Pre-trial judge can direct the matter to proceed to trial.

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Rule 4-21 The Pre-trial judge will not be your trial Judge.

Rule 5-40 If you intend to present the evidence of an expert at trial, the expert’s report

must be served on the opposing party at least 60 days before the Pre-trial

conference date scheduled for a pre-trial conference; if you intend on

presenting evidence of an expert at trial in rebuttal, the expert’s report must

be served on the opposing party at least 30 days before the Pre-trial

conference date.

Rule 5-46 If you intending to submit an appraisal report in evidence must you must

serve a copy of the appraisal report and a summary of the qualifications of

the person making the report at least 30 days before the Pre-trial date.

Rule 5-47 If you intending to submit a medical report in evidence must you must serve

a copy of the medical report at least 30 days before the Pre-trial date.

From time to time the Court publishes Practice Directives to supplement and provide greater

direction on particular processes. Directives related to Pre-trial conferences have been provided in

this kit (at the end). You can review all Practice Directives here:

https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/rules-and-practice-directives

The rules regarding expert evidence at Rule 5-40, 5-46, and 5-47 create deadlines for

providing reports to the opposing party. It is important to be aware of these deadlines to

ensure that you are able to use the evidence at trial if need be. If you do not follow these

rules, you may not be able to present evidence that may be essential to your case.

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IV. Do I need a lawyer?

You have the right to go to a Pre-Trial conference with or without a lawyer. However, you need

to know that if you represent yourself, you will be treated the same as a person who has a lawyer.

Do not expect any special or different treatment because you do not have a lawyer. If you do not

know and follow the court rules, you will have to live with the consequences.

If you want to find a lawyer, check the yellow pages of the telephone book, or speak to family or

friends for recommendations.

Even if you decide not to hire a lawyer, it is still a good idea to consult a lawyer before you use

this kit. A lawyer can advise you about the law and help you determine your potential rights and

obligations. The lawyer will likely charge you for their advice.

If you are a low income earner or do not earn any income at all, you may qualify for Legal Aid.

Consult your telephone book for the Saskatchewan Legal Aid Commission office nearest you.

Please note that Legal Aid does not handle property division matters. They may be able to assist

you with other legal matters, such as divorce, custody, or support payments.

You cannot rely on this kit to provide you with legal advice. You use this kit entirely at your own

risk.

If you decide to represent yourself in court, it is your responsibility to be familiar with the Court

of Queen’s Bench Rules of Saskatchewan as well the relevant legislation dealing with family law.

You can find this information at the Publications Saskatchewan website:

(http://www.publications.gov.sk.ca/)

You may choose to proceed to Pre-trial representing yourself. At the Pre-trial Conference, you

may come to a tentative, verbal agreement as to the terms of a settlement. You have the right to

obtain legal advice prior to signing any agreement or consent order.

Nobody can force you to sign any agreement or consent order at a Pre-Trial Conference.

If you need to meet with a lawyer prior to signing an agreement, you can insist upon

doing so.

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V. What documents do I prepare before the Pre-Trial conference?

Once a Pre-trial conference date has been assigned, you must prepare a document called a Pre-

Trial Brief. Rule 4-13 deals with Pre-Trial briefs (see section III of this kit).

You must also provide an update Financial Statement, and an updated Property Statement (if there

is a claim for a property division). Rule 15-37 deals with this requirement. It is possible that you

have recently already prepared a Financial and Property Statement and served a copy on the

opposing party. If this is the case, and nothing has changed with the information contained within

those documents, then you can swear an affidavit attesting to that. This kit does not contain such

an affidavit. Most people will be preparing a new Financial Statement and Property Statement.

Templates for those documents are contained within the kit.

A) Pre-trial Brief

A template to help you prepare your brief is included in this kit.

Each pre-trial brief should include:

(a) a summary of the evidence you intend to use, if the matter was to go to trial;

(b) a statement of all the issues in dispute between both parties;

(c) any legal authorities upon which you are relying (either statutes or case law) with

appropriate highlighting to show relevant portions;

(d) copies of all documents intended to be used at trial (e.g. medical and expert reports,

property valuations, etc.)

(e) your proposal for settlement of any issues involved in the proceedings

You can research past case law here: http://canlii.org/

You can find Saskatchewan legislation here: http://www.publications.gov.sk.ca/legislation.cfm

You can find federal legislation here: http://laws-lois.justice.gc.ca/

Remember, anything you say at the Pre-trial conference, and any information you include in your

Pre-trial brief, including your proposals, cannot be used at trial if the matter proceeds to that point.

If the proceeding is to go to trial after the conclusion of the pre-trial conference, the Pre-trial brief

shall be returned to the party submitting it.

Depending on the complexity of the issues being contested, you may need additional pages to

prepare your brief.

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B) Financial Statement

A form for this document is attached to the back of this kit. Look the financial statement over

before you begin filling it out. You may not need to complete all six parts.

Start by completing the top of the first page of the Financial Statement in the same way as it appears

on other court documents. Fill in the rest of the information on the first page of the Financial

Statement, but DO NOT sign the document yet. When the form is completely finished, you will

need to sign your financial statement in front of a Commissioner for Oaths who will ask you to

swear or attest to the truth of the information you have provided in the financial statement. The

Commissioner for Oaths will fill in the section to the left of the space for your signature.

The second page of the Financial Statement only needs to be completed if pursuant to the Indian

Act of Canada that because of your status, your income is tax exempt and you are not required to

file an income tax return, and have therefore not filed income tax returns.

Complete Part 1 of the Financial Statement. This is three pages long. Most of the categories on

these three pages will not apply to everyone. It is very common that most people will have blanks

left for most of the categories of income, and the various adjustments. Do not forget to attach the

financial information requested in Section 3 of Part 1. (i.e. personal income tax returns and Notices

of Assessment or Reassessment)

Complete Part 2 of the Financial Statement. This section outlines your annual expenses. Give your

best estimate of each expense for a one year period. You can take your average monthly expense

in a particular category and multiply that amount by 12 to obtain your estimated annual expense.

Not everyone will complete Parts 3, 4, 5, and 6. If you are claiming reimbursement for any child

care expenses, medical/dental expenses, or extracurricular activity expenses, list them in Part 3.

If you are making a claim for an amount of child support different from the Child Support

Guideline tables due to undue hardship, then complete Parts 4 and 5. Part 6 is not required, unless

ordered by a judge. Your property information will go into a separate document.

Now, when the form is completely finished, you will need to sign your financial statement in front

of a Commissioner for Oaths who will ask you to swear or attest to the truth of the information

you have provided in the financial statement. The Commissioner for Oaths will fill in the section

to the left of the space for your signature.

Some of the staff at the Local Registrar=s Office are Commissioners for Oaths and you may swear

or affirm your completed affidavit before them. This service is free. Remember to bring photo ID

for this service.

Any parts not applicable should be removed from the kit prior to filing.

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C) Property Statement

A form for this document is attached to the back of this kit. Read the instructions on the Property

Statement carefully as you go along.

On the first page, you will complete the top portion as you did with the Financial Statement.

Do not sign the first page of the Property Statement yet. When the document is completed, you

will have to sign your financial statement in front of a Commissioner for Oaths who will ask you

to swear or attest to the truth of the information you have provided in the Property Statement.

The Property Statement deals with any property and debts that are held by either party. If either of

you held the property or debt as of the date of marriage or when cohabitation started, they will be

listed in Part III and Part IV.

Complete this form to the best of your ability. Not everything in this Part will apply to you. If there

is a section that does not apply, you can leave it blank.

It is very important to try to include all assets and liabilities of which you are aware. It does not

matter whether the asset or liability is in your name or the other party’s name. You should include

everything in one of the categories in the Property Statement.

If during the course of the proceeding you find out that the information in your Property Statement

is incorrect or incomplete, or there is a material change in the information provided, you MUST

serve on the opposing party and file with the Court the correct information, or a new Property

Statement containing the correct information, together with any documents that back up that

information.

Do I have to sign my Financial and Property Statement in front of a witness?

You must sign your Financial and Property Statements in front of a Commissioner for

Oaths. Before you sign your Financial and Property Statements in front of a

Commissioner for Oaths, the Commissioner for Oaths will ask you whether or not you

swear or affirm the contents of your Financial and Property Statements to be true. The

court staff are Commissioners for Oaths and you may swear your completed affidavit

in front of them. This service is free.

Any lawyer can also be a Commissioner for Oaths. You can also find Commissioners

for Oaths in some businesses like banks, insurance agencies, and law offices. You will

likely have to pay for this service.

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You must file your Pre-trial brief, your sworn Financial Statement, and your sworn Property

Statement with the Local Registrar at the Court of Queen’s Bench and serve the opposing party

(or their lawyer) at least 10 days prior to the date assigned for the pre-trial conference.

You can give or “serve” the documents on the other party in a number of ways:

If the opposing party has a lawyer, you must serve the documents on that lawyer.

You or any other adult can serve the other party directly if they do not have a lawyer.

You can hire a professional process server to give the documents to the other party.

VI. What can I expect from the other party?

If the other party is intending to present expert evidence at trial, you may receive a copy of the

expert’s report 60 days before pre-trial.

If the other party is intending to present the report of any evidence in rebuttal to your expert report,

or present an appraisal report, or a medical report, you may receive a copy of the report 30 days

before pre-trial.

You should receive a Pre-trial Brief from the other party at least 10 days prior to the Pre-trial

conference. You may also receive an updated Financial Statement and/or Property Statement from

the opposing party. You might not agree with the information that is contained within the

documents provided by the other party. You do not need to worry about responding to any

misinformation in the opposing party’s documents. The Pre-trial judge will not be making the

decision at Pre-trial. If you disagree with the information in the other party’s material, and if your

matters cannot settle at Pre-trial, then the matter can proceed to trial and you will have your

opportunity to present your version of the facts, and to challenge the other party’s version of the

facts.

It is possible that you will not receive a brief, or you will receive the brief less than 10 days before

Pre-trial. If this happens, the Pre-trial will still take place. A brief is a helpful tool to assist with

the negotiation process, and the pre-trial judge will appreciate receiving it 10 days before pre-trial,

if you are able to do so. If the opposing party does not give you and the pre-trial judge the same

courtesy, then there may not be any direct consequences, but you can still try your best to settle

any outstanding matters.

Prior to the Pre-trial settlement conference, you can still try to settle any of the outstanding issues

directly between yourselves.

IF YOU FILE YOUR BRIEF LATE, THERE WILL BE A $20 LATE FEE

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VII. What do I do on the date of the Pre-Trial Conference?

What do I do when I get there?

You must go to Court of Queen’s Bench at the time and on the date set for your Pre-Trial

Conference. You should arrive at the court house fifteen minutes early. When you arrive at the

court house, ask a member of the court staff to give you directions to the where your Pre-Trial

Conference will be taking place.

What happens at the Pre-Trial Conference?

Every judge will do things slightly differently at a Pre-Trial Conference. Most judges will give

you an overview of the process when you first arrive.

In most instances, Pre-trial will take several hours to complete. Some will take much longer, if

there are many complicated issues to deal with. You will be able to take breaks if needed.

Who will be at the Pre-trial Conference?

Normally, the only people that will be at the Pre-trial Conference will be the parties themselves,

their lawyers (if they are represented by lawyers), and the Pre-trial judge. Sometimes, people

would like to have a family member, new partner, or support person present. This will usually not

be permitted, unless the other party and the judge agree to have that person present. You can have

a support person sit outside the Pre-trial room, in a waiting area at the court house. If you need to

confer with that person during the Pre-trial conference, you will be able to ask for a break in the

negotiations to discuss matters with that support person.

What happens at the end of Pre-trial?

There are many possible outcomes that may come about after Pre-trial. Below is a non-

comprehensive list of some of the usual outcomes:

1) All outstanding issues might be settled. The parties will take their notes and an

agreement can be prepared for both sides to sign;

2) Some issues might be settled. An agreement can be prepared to settle these issues. The

remaining issues not settled can proceed to trial;

3) No issues are settled. All matters proceed to trial;

4) Further information is required. Pre-trial is adjourned to a later date to give the parties

the time to obtain this further information;

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5) The parties agree that a custody and access assessment should be obtained. Such an

assessment is then ordered, and pre-trial is adjourned pending the completion of the

assessment.

VIII. What if I have questions when I am using this kit?

If you have any questions about the process itself, you may direct those questions to the judge at

Pre-Trial.

Otherwise feel free to contact us at:

Family Law Information Centre

1-888-218-2822 (extension 2)

(306) 787-5837

svp@gov.sk.ca

The staff at the Family Law Information Centre cannot give you legal advice or represent you in court. However, they

can answer general questions you may have about this kit.

Before you contact the staff at the Family Law Information Centre, read this kit carefully from beginning to end.

Nobody can force you to sign any agreement at a Pre-Trial Conference. If you need to

meet with a lawyer prior to signing an agreement, you can insist upon those terms.

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JUDICIAL CENTRES IN SASKATCHEWAN

Battleford

Box 340,291-23rd Street West

Battleford, Saskatchewan

S0M 0E0

Tel: (306) 446-7675

Fax: (306) 446-7737

Estevan

1016 – 4th Street

Estevan, Saskatchewan

S4A 0W5

Tel: (306) 637-4527

Fax: (306) 637-4536

Melfort

Box 6500, 409 Main Street

Melfort, Saskatchewan

S0E 1A0

Tel: (306) 752-6265

Fax: (306) 752-6264

Moose Jaw

64 Ominica Street West

Moose Jaw, Saskatchewan

S6H 1W9

Tel: (306) 694-3602

Fax: (306) 694-3056

Prince Albert

1800 Central Avenue

Prince Albert, Saskatchewan

S6V 4W7

Tel: (306) 953-3200

Fax: (306) 953-3210

Regina

2425 Victoria Avenue

Regina, Saskatchewan

S4P 3V7

Tel: (306) 787-5377

Fax: (306) 787-7217

Saskatoon

520 Spadina Crescent East

Saskatoon, SK

S7K 3G7

Tel: (306) 933-5174

Fax: (306) 975-4818

Swift Current

121 Lorne Street West

Swift Current, Saskatchewan

S9H 0J4

Tel: (306) 778-8400

Fax: (306) 778-8581

Yorkton

29 Darlington Street East

Yorkton, Saskatchewan

S3N 0C2

Tel: (306) 786-1515

Fax: (306) 786-1521

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Form 15-21 (Rule 15-21)

COURT FILE NUMBER _______________________________________

COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)

JUDICIAL CENTRE _______________________________________

PETITIONER _______________________________________

RESPONDENT _______________________________________

JOINT REQUEST FOR A FAMILY LAW PRE-TRIAL CONFERENCE

The parties by their signatures hereto: 1. Certify that they are ready for pre-trial conference, and thereafter for trial, and there

shall be a certificate attached confirming compliance with section 44.1 of The Queen's Bench Act, 1998, if issues of children are involved.

2. Confirm that bona fide settlement efforts have been made. The dates on which

settlement proposals were exchanged are: ___________________________________________________________________

_________________________________________________________

3. (a) The Petitioner is available to conduct the pre-trial conference on the following

dates: ___________________________________________________________________

_________________________________________________________

(b) The Respondent is available to conduct the pre-trial conference on the following dates: ___________________________________________________________________

_________________________________________________________

(c) Based on the complexity of the file, the parties estimate the reading time for the pre-trial judge to prepare for the pre-trial is: ___________________________________________________________________

_________________________________________________________

(e) The parties estimate the TOTAL required time for the pre-trial conference to be

_____________ (in hours).

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4. (a) The Petitioner estimates the time required to present their case at trial to be

_____________ (in court days).

(b) The Respondent estimates the time required to present their case at trial to be _____________ (in court days). (c) The parties estimate the TOTAL required time for trial to be _____________ (in court days). (d) The Petitioner estimates they will call _____________ witnesses at trial. (e) The Respondent estimates they will call _____________ witnesses at trial.

5. If the value of assets and liabilities are in issue:

(a) The parties have prepared and exchanged a comprehensive list of assets and liabilities alleged by each party together with each party's valuation of the same. Part l of the list should reflect assets, liabilities and values agreed to. Part II of the list should reflect those items in dispute.

Petitioner: YES ☐ NO ☐ Respondent: YES ☐ NO ☐

If no, the parties shall file a written memorandum explaining why such lists have not been exchanged. The local registrar shall refer the non-compliance to a judge of the Court who shall determine whether a pre-trial date is to be set in the circumstances. (b) If valuation is in dispute, independent evidence of value has been obtained and exchanged for all assets other than household furnishings and personal possessions.

Petitioner: YES ☐ NO ☐ Respondent: YES ☐ NO ☐

If no, the parties not providing the valuations shall file a written memorandum explaining why the valuations have not been exchanged. The local registrar shall refer the non-compliance to a judge of the Court who shall determine whether a pre-trial date is to be set in the circumstances.

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6. If child support or spousal support is in issue:

(a) Each party has filed all the financial information required by the Rules and the Federal Child Support Guidelines including section 21 of the Guidelines.

Petitioner: YES ☐ NO ☐ Respondent: YES ☐ NO ☐

(b) Each party acknowledges that they shall comply with Rule 15-37 at least 10 days before the pre-trial conference and shall file their most recent tax return, notice of assessment and payroll statement or other documentation showing year-to-date earnings.

Petitioner: YES ☐ NO ☐ Respondent: YES ☐ NO ☐

DATED at ________________________________________, Saskatchewan, this

_______ day of _________________________, 20__.

___________________________________ (signature of petitioner or petitioner’s lawyer)

Telephone Number:

DATED at ________________________________________, Saskatchewan, this

_______ day of _________________________, 20__.

____________________________________ (signature of respondent or respondent’s lawyer)

Telephone Number:

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Certificate Pursuant to Rule 4-11 (2)

I, ___________________________________, the _____________________________________ (name) (Petitioner or Respondent)

in this action, certify that on ________________________, I served the Joint Request for Pre- (date of service)

trial on the _____________________________________, by serving them: (Respondent or Petitioner) _______________________________________________________________________

________________________________________________________________________ (explain as to how Joint Request was served, e.g. personal service, mail, fax etc),

and that as of __________________, they have refused to sign the Joint Request and have not (date)

provided any reason for their refusal to sign.

I am requesting, pursuant to Rule 4-11(2), that the Registrar set a date for a pre-trial conference.

_____________________

Signature

CONTACT INFORMATION AND ADDRESS FOR SERVICE

Address for service and contact information of party filing this document:

Name of party: __________________________________________

Address for service:

__________________________________________

Telephone number: __________________________________________

Fax number (if any): __________________________________________

E-mail address (if any): __________________________________________

COURT FILE NUMBER _______________________________________

Clerk's Stamp COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)

JUDICIAL CENTRE _______________________________________

PETITIONER _______________________________________

RESPONDENT _______________________________________

20

PRE-TRIAL BRIEF OF

__________________________

I. SUMMARY OF FACTS

1. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

2. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

3. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

4. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

COURT FILE NUMBER _______________________________________

Clerk's Stamp COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)

JUDICIAL CENTRE _______________________________________

PETITIONER _______________________________________

RESPONDENT _______________________________________

21

6. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

II. FACTS IN DETAIL

7. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

8. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

9. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

10. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

11. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

12. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

13. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

14. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

(continue with as many pages as required to outline the factual history of your

case)

22

III. ISSUES IN DISPUTE

1. _______________________________________________________________

2. _______________________________________________________________

3. _______________________________________________________________

4. _______________________________________________________________

5. _______________________________________________________________

6. _______________________________________________________________

IV. ARGUMENT

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

23

V. CONCLUSION (set out a concise summary of the relief requested):

1. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

2. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

3. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

4. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

6. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

7. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

8. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

9. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

10. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

24

11. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

12. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

VI. INDEX TO TABS

(list sequentially the documents attached to the pre-trial brief and the tab under

which they may be found)

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

25

Form 15-26A (Rule 15-26)

COURT FILE NUMBER _______________________________________

COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)

JUDICIAL CENTRE _______________________________________

PETITIONER/ CO-PETITIONERS

_______________________________________

RESPONDENT _______________________________________

FINANCIAL STATEMENT OF

_______________________________________

(name)

I, ______________________________________ of _____________________________________

(name) (address)

_______________________________________________________________________________ , (city) (province)

swear (or affirm) that: 1 The information set out in this Financial Statement is true and complete to the best of my knowledge and belief, and sets out my financial situation as of: ______________________________

(give date for which information is accurate)

2 I do not anticipate any significant changes in the information set out in this Financial Statement.

or

I anticipate the following significant changes in the information set out in this Financial Statement:

____________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________

26

3 Attached are the following:

Part 1: Income

Part 2: Annual Expenses

Part 3: Special or Extraordinary Expenses

Part 4: Undue Hardship

Part 5: Income of Other Persons in Household

Part 6: Property

SWORN (OR AFFIRMED) BEFORE ME

___________________________ (signature)

at, __________________ , Saskatchewan,

this _____________day of ___________ ,

2____________ .

____________________________________

Commissioner for Oaths

for Saskatchewan

27

Declaration:

This declaration is to be filled out if your income is tax exempt because of your Indian status.

My name is _____________________________________________________________________ (full legal name)

I live in _______________________________________________________________________ (municipality and province)

AND I DECLARE THAT THE FOLLOWING IS TRUE:

1 I am an Indian within the meaning of the Indian Act (Canada).

2 Because of my status, my income is tax exempt and I am not required to file an income tax return.

3 I have therefore not filed an income tax return for the last three years.

DECLARED BEFORE ME AT

_________________________ (signature)

___________________________________ (municipality)

in _________________________________ (province, state or country)

on _________________________________ (date)

____________________________________ Commissioner for Oaths for Saskatchewan

Instructions

Please read the instructions (in italics) carefully. You may not have to complete the Financial Statement at all or, you may only have to complete parts of it. The instructions tell you what parts of the form you must complete, according to the type of claim involved. When you complete those parts of the form, leave blank any lines that do not apply to you. If there is more than one claim in the proceeding (for example, a claim for spousal support and a claim for child support), you must complete each of the parts of the Financial Statement that apply to you. If you are required to complete a part in relation to one claim, you need not redo that part if the same part is required in relation to a different claim. Important Note: if during the course of the proceeding you find out that the information in this Financial Statement is incorrect or incomplete, or there is a material change in your circumstances that affects the information in this Financial Statement, you MUST serve on every other party to this case and file with the Court the correct or complete information, or a new Financial Statement with updated information, together with any documents that back up that information.

28

PART 1 – INCOME

Complete this Part if:

you are making a claim for child support, or are seeking to vary an order for child support, and the amount claimed differs from the table amount in the Federal Child Support Guidelines (e.g. A claim for add-ons, a child is 18 years of age or more, a claim for undue hardship, a case of split or shared custody, the payor’s annual income is over $150,000, the payor stands in the place of the parent);

there is a claim against you for child support; or

there is a claim, either by you or against you, for spousal or parental support or you or another party are seeking to vary an order for spousal or parental support.

1 I am

employed as _______________________________________________________________ (describe occupation)

by ________________________________________________________________________ (name and address of employer)

and I am paid: weekly every 2 weeks twice a month monthly other (specify) ____________________________________________________________

self-employed, carrying on business (or a professional practice) under the name

of _________________________________________ , or a partner in the partnership known (name and address of business or practice)

as _________________________________________ , or a farmer (or as may be applicable) (name and address of partnership)

unemployed since ___________________________________________________________

(date when last employed)

a shareholder, director or officer of a corporation, in which I have an interest (or a controlling interest): __________________________________________________________________

(name and address of corporation)

a beneficiary under a trust: ____________________________________________________

(identify trust settlement agreement)

2 The total income declared on my last income tax return in _____________ was $ ______________ (year)

and my net taxable income was $ ______________.

3 I have attached to or served with this form: (check applicable boxes)

a copy of every personal income tax return filed by me for each of the 3 most recent taxation years, together with a copy of all material filed with the returns and a copy of every notice of assessment or reassessment issued to me for each of those years. (Identify any required copies already in the Court file, as those copies do not need to be attached to this form.)

29

__________________________________________________________________________

__________________________________________________________________________

a statement from the Canada Revenue Agency that I have not filed any income tax returns for

the past 3 years.

a declaration that I am not required to file an income tax return because of the Indian Act (Canada). (Use the declaration above.)

a Canada Revenue Agency consent in Form 15-57B signed by me, for the disclosure of my tax

returns and assessments for the past 3 years.

IMPORTANT NOTE: If you are a party to a claim for child support and you are required to fill out Part 1 of this form, the clerk of the Court will NOT allow you to file this Financial Statement unless you have checked one of the boxes in paragraph 3 above and have attached the required document(s).

Annual Income

Include all income and other money received from all sources for the 12-month period ending on the date of this statement, whether taxable or not. Show gross annual amounts here (to get an annual figure, multiply any weekly amount by 52, or any monthly amount by 12). Give current actual amount if known. Give your best estimate if you cannot find out the actual amount. If your most recent federal income tax return (attached to this statement) sets out what you expect your income to be for this year, simply record those amounts here. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. This will be necessary if your salary has increased, you have become unemployed, you have bought or sold rental properties, any source of your income is not taxable, etc.

1 Employment income: wages, salaries, commissions, Bonuses and overtime (before deductions) ........................................................

+ $ _________

2 Commissions (if already included on line 1: Indicate amount, but do not add in) ............................................. $________

3 Other employment income (include tips, foreign employment income, net research grants, etc.) ..........................................................................................

+ $ _________

4 Pension income (include Old Age Security, Canada Pension Plan, disability, superannuation and other pensions) ...................................................

+ $ _________

5 Employment insurance benefits (before deductions) .......................................... + $ _________

6 Taxable amount of dividends from taxable Canadian corporations ................... + $ _________

7 Interest and other investment income ................................................................. + $ _________

8 Partnership income: limited or non-active partners only ............................. Net + $ _________

30

9 Rental income ................................... Gross $ _________......................... Net + $ _________

10 Taxable capital gains .......................................................................................... + $ _________

11 Child support received: Total amount $ _________........................................................ Taxable Amount

+ $ _________

12 Spousal support:

From this relationship $ __________________;

From another relationship $ __________________........................................

+ $ _________

13 Registered retirement savings plan income ........................................................ + $ _________

14 Self-employment income:

A. Business income .................. Gross $ ________..................................... Net

B. Professional income ............ Gross $ ________..................................... Net

C. Commission income ............ Gross $ ________..................................... Net

D. Farming income .................. Gross $ ________..................................... Net

E. Fishing income .................... Gross $ ________..................................... Net

+ $ _________

+ $ _________

+ $ _________

+ $ _________

+ $ _________

+ $ _________

15 Workers’ compensation benefits ........................................................................ + $ _________

16 Total social assistance payments ....................................................................... + $ _________

17 Net federal supplements ..................................................................................... + $ _________

18 Other Income (include any taxable income that is not already included above, such as scholarships, bursaries, study grants, certain lump sum payments or death benefits, severance pay, etc. Specify.) ..............................

+ $ _________

A Total annual income: A = $ _________

BENEFITS

Monetary Benefits (Income that is exempt from federal or provincial tax): List all allowances and amounts received from all sources, that are not taxable: such as, amounts exempt because of status under Indian Act (Canada); band assistance payments; exempt portion of otherwise taxable amounts; certain disability benefits; etc. Specify. _____________________________________________________________________ $ ______

_____________________________________________________________________ $ ______

_____________________________________________________________________ $ ______

Non-monetary Benefits: List all non-monetary benefits from all sources, that are not included in total income (line A). Include such items as use of a company car, or board and room provided for you, and other expenses paid on your behalf. Give your best estimate of the value of the benefit where you cannot find out the actual value.

31

_______________________________________________________________________ $ ______

_______________________________________________________________________ $ ______

_______________________________________________________________________ $ ______

Medical or Dental Insurance Coverage:

Is medical or dental insurance coverage for your children available to you through your employer or otherwise at a reasonable rate?

Yes □ No □

Do you have medical or dental insurance coverage for your children? Yes □ No □

ADJUSTMENTS TO ANNUAL INCOME

Give the current actual amount if you know it or can find it out. If you can’t find out, give your best estimate.

Refer to Schedule III of the Federal Child Support Guidelines. Section Numbers included below are references to Schedule III of the Federal Child Support Guidelines.

If necessary attach an extra sheet to show calculations.

Replacements in Income:

(If applicable) Recalculate the annual income shown as amount A on page 3, after making the following replacements:

replace taxable amount of dividends from Canadian corporations (line 6) with the actual amount of dividends: $ (See s. 5)

replace taxable capital gains (line 10) with the actual amount of capital gains realized in excess of the actual capital losses: Gains $ ______________ – losses $ ______________ = excess $ _____________ (See s. 6)

Recalculated annual income: A1 $ _________ Deductions from Income:

1 Union, professional association or like dues (if you are an employee): s. 1..............................................................................

+ $ _________

2 Other employment expenses: s. 1 (Specify) ...................................................... + $ _________

3 Taxable amount of child support I receive: s. 2 .................................................. + $ _________

4 Spousal support I receive from the other party: s. 3(1) ....................................... + $ _________

5 Social assistance I receive for other members of my household: s. 4 ................ + $ _________

6 Actual amount of business investment losses suffered during the year: s. 7 .............................................................................................

+ $ _________

7 Carrying charges and interest expenses paid by me and deductible under the Income Tax Act (Canada): s. 8............................................

+ $ _________

32

8 Prior period earnings included in self-employment income, net of reserves: s. 10 ...........................................................................................

+ $ _________

9 Portion of partnership or sole proprietorship income properly required for capitalization: s. 12 ..........................................................................................

+ $ _________

Total deductions from income: B = $ _________

Additions to Income:

10 Payments to non-arm’s length persons: s. 9 ......................................................... + $ _________

11 Allowable capital cost allowance with respect to real property: s. 11 ................................................................................................

+ $ _________

12 Value of exercised employee stock options in Canadian-controlled private corporations: s. 13 ................................................................................................

+ $ _________

Total additions to income: C = $ _________

Annual income or Recalculated annual income

A or A1

$ ____________________

Subtract

Total deductions from income

B –

$ ____________________

Add

Total additions to income

C +

$ ____________________

Adjusted Annual Income: D = $ ____________________

CHILD SUPPORT:

The Adjusted Annual Income (D) is to be used to calculate child support in accordance with the applicable child support table set out in the Federal Child Support Guidelines. The Annual Income to be used if special or extraordinary expenses are claimed: Adjusted Annual Income: D = $ ____________________

Add

Spousal support received from the Other party (if any)

+

$ ____________________

Subtract

Spousal support paid to the other party (if any)

–

$ ____________________

33

ADJUSTED ANNUAL INCOME (SPECIAL):

E = $ ____________________

SPOUSAL OR PARENTAL SUPPORT:

The Annual Income to be used if spousal or parental support is claimed: Adjusted Annual Income: D = $ ____________________

Add Total child support I receive + $ ____________________

Add Social assistance I receive for other household members

+

$ ____________________

Add Child tax benefits or credits + $ ____________________

Add GST/HST credit + $ ____________________

ADJUSTED ANNUAL INCOME (SPOUSAL):

F = $ ____________________

34

PART 2 – ANNUAL EXPENSES

Do not complete this Part if the only support claimed is child support in the table amount set out in the Federal Child Support Guidelines and all children for whom support is claimed are under the age of 18.

Complete this Part in all other claims for child support or a change in child support, if amount claimed differs from the table amount in the Guidelines (a claim for add-ons for special or extraordinary expenses, a child is 18 years of age or more, a claim for undue hardship, a case of split or shared custody, if the payor’s annual income is over $150,000, if the payor stands in the place of the child’s natural parent).

Complete this Part if there is a claim, either by you or against you, for spousal or parental support or a change in that support.

You must set out your TOTAL living expenses. If you cannot find out the actual amount, give your best estimate.

To the extent a current expense amount is anticipated to change in the near future, indicate such change in the proposed expense amount column. An explanation for the difference(s) should be included in an affidavit in the event of an application for support.

35

Housing

6 Rent or mortgage $ _____ $ _____

7 Property taxes $ _____ $ _____

8 Homeowner’s/ Tenant’s insurance

$ _____

$ _____

9 Condominium fees $ _____ $ _____

10 Water, sewer and garbage

$ _____

$ _____

11 House repairs, maintenance, yard care

$ _____

$ _____

12 Heat $ _____ $ _____

13 Electricity $ _____ $ _____

14 Telephone $ _____ $ _____

15 Other (Specify) ............

$ _____ $ _____

Household Expenses

16 Food $ _____ $ _____

17 Meals outside the home

$ _____

$ _____

Current Amount

Proposed Amount

18 General household supplies

$ _____

$ _____

19 Hair care, toiletries and sundries

$ _____

$ _____

20 Dry cleaning and laundry

$ _____

$ _____

21 Furnishings and equipment

$ _____

$ _____

22 Other (Specify) $ _____ $ _____

Transportation

23 Public transit, taxis $ _____ $ _____

24 Car insurance, registration and licence

$ _____

$ _____

25 Gas and oil $ _____ $ _____

26 Parking $ _____ $ _____

27 Car repairs and maintenance

$ _____

$ _____

28 Other (Specify) $ _____ $ _____

Health

29 Medical and dental insurance premiums (Not deducted at source)

$ _____

$ _____

30 Health care (physiotherapy, etc.)

$ _____

$ _____

31 Drugs, prescriptions $ _____ $ _____

32 Dental care (including orthodontist)

$ _____

$ _____

33 Optical care (eyeglasses, contact lenses)

$ _____

$ _____

34 Other (Specify) $ _____ $ _____

(Amounts in 30 - 34 net of coverage)

Source Deductions Current Amount

Proposed Amount

1 Canada Pension Plan contributions

$ _____

$ _____

2 Employment Insurance premiums

$ _____

$ _____

3 Employee pension contributions to a registered pension plan

$ _____

$ _____

4 Medical and dental insurance premiums (Deducted at source)

$ _____

$ _____

5 Income tax $ _____ $ _____

36

Children

38 Clothing, footwear $ _____ $ _____

39 Children’s allowance, gifts

$ _____ $ _____

40 School fees, books and supplies

$ _____ $ _____

41 School activities (field trips, etc.)

$ _____ $ _____

42 Activities, lessons and supplies (music lessons, clubs, sports, bicycles)

$ _____ $ _____

43 Child care, babysitting

$ _____ $ _____

44 Other (Specify).... $ _____ $ _____

Savings for the Future

45 RRSP $_____ $_____

46 RESP $_____ $_____

47 Other (Specify).. $_____ $_____

Support payments (Specify for whom, whether tax

deductible, whether voluntary or pursuant to order) Current Amount

48 Support being paid in this case

$ ___________

49 Support being paid in any other case

$ ___________

Debt payments (other than mortgage)

(Specify) Current Amount

Proposed Amount

50 .................................. $ _____ $ _____

.................................. $ _____ $ _____

Other

51 Life or term insurance premiums

$ _____

$ _____

52 Banking, legal, accounting

$ _____

$ _____

53 Church, charitable donations

$ _____

$ _____

54 Entertainment and recreation

$ _____

$ _____

55 Vacation $ _____ $ _____

56 Alcohol/tobacco $ _____ $ _____

57 Other (Specify). $ _____ $ _____

G Total annual expenses .......... G =

$ _____

$ _____

Adjusted Annual Income: D, E, or F $ __________________

Subtract

Total annual expenses (current)

G –

$ __________________

ANNUAL SURPLUS/DEFICIT (current) = $ __________________

Adjusted Annual Income: D, E, or F $ __________________

Subtract

Total annual expenses (proposed)

G –

$ __________________

ANNUAL SURPLUS/DEFICIT (proposed) = $ __________________

Personal Current Amount

Proposed Amount

35 Clothing, footwear $ _____ $ _____

36 Educational expenses (self) (Specify)

$ _____

$ _____

37 Other (Specify) $ _____ $ _____

37

PART 3 – SPECIAL OR EXTRAORDINARY EXPENSES

Complete this Part only if you claim special or extraordinary expenses as part of a child support claim. Refer to section 7 of the Federal Child Support Guidelines.

I am claiming an amount to cover special or extraordinary expenses for one or more of the following reasons: (indicate which of the following you are claiming.) child care expenses incurred as a result of my employment, illness, disability, education or training for

employment;

that portion of the medical and dental insurance premiums attributable to a child;

health related expenses that exceed insurance reimbursement by at least $100 annually per illness or event, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;

extraordinary expenses for primary or secondary school or for any educational programs that meet the child’s particular needs;

expenses for post-secondary education;

extraordinary expenses for extracurricular activities:

State the child’s name that each expense relates to, the details of each type of expense you are claiming, and the total annual amount of each expense.

If the child contributes to payment of the expense, please indicate that contribution and its amount.

If you are claiming for a health related expense, please indicate the amount of insurance reimbursement.

Child’s Name Details of Expense Total Amount Contribution/ Reimbursement

Receipts or other documentation which shows the amount of the expenses I am claiming for each child

are attached to this Financial Statement.

or

I cannot obtain receipts or other documentation to show the amount of the expense I am claiming because: (please explain why)

I am eligible to claim or I receive the following subsidies, benefits or income tax deductions or credits

relating to the above expenses: (provide details)

38

PART 4 – UNDUE HARDSHIP

Complete this Part only if you claim a different amount of child support on the basis of undue hardship.

Refer to section 10 of the Federal Child Support Guidelines. (Indicate which of the following you are claiming.)

Responsibility for unusually high level of debts reasonably incurred to support the family before the

separation or to earn a living:

Owed to Purpose Date Incurred Terms of Debt Annual Amount

Unusually high expenses for exercising access to a child:

Details of Expense Annual Amount

Legal duty under a judgment, order or written separation agreement to support another person:

Name of Person Relationship Nature of Duty Annual Amount

Legal duty to support a child, other than a child for whom support is claimed in this application, who is

under the age of 18, or at or above the age of 18 but unable to support himself or herself because of illness, disability or other cause:

Name of Child Relationship Nature of Duty Annual Amount

39

Legal duty to support a person who is unable to support himself or herself because of illness or disability: (Attach a copy of any judgment, order or written agreement under which the legal duty arises.)

Name of Person Relationship Nature of Duty Annual Amount

Other undue hardship circumstances:

Details Annual Amount

PART 5 – INCOME OF OTHER PERSONS IN HOUSEHOLD

Complete this Part if either party is making a claim for a different amount of child support on the basis of undue hardship.

The following are the names, occupations or sources of income, annual incomes and amount of federal and provincial taxes payable on those incomes, of:

(a) any person who has a legal duty to support me or whom I have a legal duty to support;

(b) any person who shares living expenses with me or from whom I otherwise receive an economic benefit as a result of living with that person; and

(c) any child whom I or the person described in paragraph (a) or (b) has a legal duty to support.

Other Person’s Name Occupation or Source of Income

Annual Income

Taxes Payable

* If the information on which to base the income determination is not provided, the Court may impute income in the amount it considers appropriate.

40

PART 6 – PROPERTY

Only complete this Part if ordered to do so by the Court.

List all property in which you have an interest as of the date of this Financial Statement.

Record the value or amount as of the date of this Financial Statement.

If there is a property claim in addition to a claim for support, complete Form 15-26B: Property Statement, and do not complete this Part of the Financial Statement.

I. ASSETS IN AND OUT OF SASKATCHEWAN

1 Real Estate

List any interest in land, including leasehold interests and mortgages, whether or not you are registered as owner. Record the estimated market value of your interest, without deducting encumbrances. These encumbrances should be shown under Debts and Other Liabilities.

Example: under nature and type of ownership, put “joint tenant”; under nature, address and estimated total market value today, put “home, 123 Pleasant St., Small Town, Saskatchewan, $100,000”, under estimated market value of your share, put “$50,000”. The amount left to pay on the mortgage would be shown under Debts and Other Liabilities, later in this statement.

Nature and Type of Ownership

Nature, Address and Estimated Total Market Value Today

Estimated Market Value of Your Share

TOTAL VALUE OF REAL ESTATE (1) $

41

2 General Household Goods and Vehicles

Show estimated market value, not the cost of replacement for these items owned. Do not deduct encumbrances (e.g., car loan) here; these encumbrances should be shown under Debts and Other Liabilities.

Item Description

If Not in Your Possession, State Location

Estimated Market Value of Your Interest

Household goods, appliances and furniture

Cars, boats, trailers, motorhomes, snowmobiles, other vehicles

(describe by make, model, year)

Jewellery, works of art, collections, electronics, tools, sports & hobby equipment

Other special items

TOTAL VALUE OF GENERAL HOUSEHOLD GOODS AND VEHICLES (2) $

3 Bank Accounts and Savings

Show the items owned by category; include cash, savings and chequing accounts in financial institutions, term deposits, guaranteed investment certificates, and any other savings.

Category Institution Where Account Held Account Number Amount

TOTAL VALUE OF BANK ACCOUNTS AND SAVINGS (3) $

The location of any safety deposit box[es] I have is ____________________________________ (name and address of institution(s))

42

4 Pensions and Retirement Savings Plans

Indicate the name and address of the institution where your Registered Retirement Savings Plan is held.

Include name and address of pension plan and pension details.

Category Institution Where Account Held Account Number Amount

TOTAL VALUE OF PENSIONS AND RETIREMENT SAVINGS PLANS (4) $

5 Securities

Show the items owned by category: shares, bonds, mutual funds, warrants, options, debentures, notes and any other securities. Give your best estimate of market value if the items were to be sold on the open market.

Category Number Description Estimated Market Value

TOTAL VALUE OF SECURITIES (5) $

43

6 Life and Disability Insurance

List all whole life, term life, disability or other such insurance policies. Set out cash surrender value, if any.

Company and Policy Number

Kind of Policy Owner Beneficiary Face Amount

Cash Surrender Value

TOTAL VALUE OF LIFE AND DISABILITY INSURANCE (6) $

7 Business Interests

List any interest you hold, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. Give your best estimate of market value if business were to be sold on an open market.

A controlling interest you hold in an incorporated business may be shown here or under item 5: Securities. An interest that is not a controlling interest should be shown under item 5: Securities.

Name and Address of Firm or Company Interest

Estimated Market Value of Your Share

TOTAL VALUE OF BUSINESS INTERESTS (7) $

44

8 Accounts receivable

Give details of all money owed to you, whether because of business or from personal dealings; including amounts loaned by you to family members, any Court judgments in your favour, any estate money owed to you.

Details Amount Owed to You

TOTAL VALUE OF ACCOUNTS RECEIVABLE (8) $

9 Other property

Show other property or assets owned by categories. Include property of any kind not listed in items 1 to 8 (for example, patents or copyright claims). Give your best estimate of market value.

Category Details Estimated Market Value

TOTAL VALUE OF OTHER PROPERTY (9) $

TOTAL VALUE OF ALL ASSETS (Add totals 1 to 9 together) I = $_____________________

45

II. DEBTS AND OTHER LIABILITIES

Show your debts and other liabilities, whether arising from personal or business dealings. List by category, such as mortgages, charges, loans, liens, notes, credit cards, accounts payable and tax arrears. Indicate if any other person may be responsible for this debt with you, and give his/her name. Include contingent liabilities such as guarantees given by you, and indicate that they are contingent. Indicate if any debt payments are in arrears.

Debt

Particulars (interest rate, term or number of payments owing/remaining, any property affected) Amount Owing

TOTAL DEBTS AND OTHER LIABILITIES II = $

III. SUMMARY OF ASSETS AND LIABILITIES

Total Value of all Assets (I) $____________________

Subtract Total Debts and Other Liabilities (II) – $____________________

_______________________

NET WORTH III $____________________

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PART 6 – ATTACHMENTS

Attached to the copy of this Financial Statement delivered to the other party are: A copy of the most recent assessment notice issued from an assessment authority for the real property

I own. A copy of the most recent statement I have received for each bank account, deposit, certificate or other

savings.

A copy of the most recent R.R.S.P. statement I have received.

A copy of the most recent statement I have received regarding my brokerage account, my mutual fund, and any other securities I own.

A copy of the most recent credit card statement for each credit card in my name.

A copy of the most recent statement for each of the other debts listed.

A copy of the most recent annual pension statement I have received, and any further information I have

explaining my pension plan; or

A letter addressed to the administrator of my pension plan, authorizing release of information relating to my pension plan.

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Form 15-26B

(Rule 15-26)

PROPERTY STATEMENT OF

_______________________________________

(name)

I, ________________________________________________________________________ of (name)

______________________________________________________________________________, (address) swear (or affirm) that: 1 The information set out in this Property Statement is true and complete to the best of my

knowledge and belief, and sets out my financial situation as of:

__________________________________________

(give date for which information is accurate)

2 □ I do not anticipate any significant changes in the information set out in this

Property Statement. or

□ I anticipate the following significant changes in the information set out in this

Property Statement:

SWORN (OR AFFIRMED) BEFORE ME

}

_________________________ (signature)

at, __________________ Saskatchewan,

this____day of ______________, 201___

___________________________________

Commissioner for Oaths for Saskatchewan

COURT FILE NUMBER __________________________________

Clerk's Stamp COURT OF QUEEN’S BENCH FOR SASKATCHEWAN

(FAMILY LAW DIVISION)

JUDICIAL CENTRE __________________________________

PETITIONE

__________________________________

RESPONDENT __________________________________

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II. ASSETS IN AND OUT OF SASKATCHEWAN

The date of application is: _____________________________________________________________ (give date)

1. REAL PROPERTY

Include any interest in land owned on the date of application or as of the date of this statement, including leasehold interests and mortgages. Show estimated market value of the interest, but do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, “Debts and Other Liabilities”. For example, if you were including the family home, you might insert both spouses' names in the first column and “Joint tenancy” in the second column; in the next column, you might write “Family home, 123 Main Street”, in the fourth column, “$100,000”, which in the case of such a joint tenancy would also be the value to be placed in the final column. The amount left to pay on the mortgage would be shown under Part II: “Debts and Other Liabilities”.

Owner

Name and Type of Ownership

Nature of Property, and Address

Estimated TOTAL Value

Estimated Market Value of the Interest

on date of application current date

TOTAL VALUE OF REAL PROPERTY (1) $

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2. GENERAL HOUSEHOLD GOODS AND VEHICLES

Show estimated market value, not the cost of replacement, for these items owned on date of application or as of the date of this statement. Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, “Debts and Other Liabilities”.

Item Description In the Possession of

Estimated Market Value

on date of application

current date

Household goods, appliances and furniture

Cars, boats, trailers, motorhomes, snowmobiles, other vehicles

(describe by make, model, year)

Jewellery, works of art, collections, electronics, tools, sports & hobby equipment

Other special items

TOTAL VALUE OF GENERAL HOUSEHOLD GOODS AND VEHICLES (2)

$

3. BANK ACCOUNTS AND SAVINGS

Show the items owned on the date of application by category. Include cash, savings and chequing accounts in financial institutions, term deposits, guaranteed investment certificates, and any other savings.

Owner Category Institution

Amount

on date of application

current date

TOTAL VALUE OF BANK ACCOUNTS AND SAVINGS (3) $

The location of any safety deposit box[es] I have is ________________________________________

(name and address of institution(s))

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4. PENSIONS AND RETIREMENT SAVINGS PLANS

Show the items owned by category. Indicate the name and address of the institution where a Registered Retirement Savings Plan is held; include name and address of pension plan and pension details.

Owner Category Institution Account Number

Amount

on date of application current date

TOTAL VALUE OF PENSIONS AND RETIREMENT SAVINGS PLANS (4) $

5. SECURITIES

Show the items owned by category. Include shares, bonds, mutual funds, warrants, options, debentures, notes and any other securities. Give your best estimate of their market value if the items were to be sold on the open market.

Owner Category Number Description

Estimated Market Value

on date of application current date

TOTAL VALUE OF SECURITIES (5) $

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6. LIFE & DISABILITY INSURANCE

List all whole life, term life, disability or other similar insurance policies. Set out cash surrender value, if any.

Company and Policy No.

Kind of Policy Owner Beneficiary

Face Amount

Cash Surrender Value

on date of application

current date

TOTAL VALUE OF LIFE AND DISABILITY INSURANCE (6) $

7. BUSINESS INTERESTS

List any interest either spouse holds, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. Give your best estimate of market value if business were to be sold on an open market. An interest in an incorporated business may be shown here or under item 5: Securities.

Interest Held by Name of Firm or Company Interest

Estimated Market Value of Interest

on date of application

current date

TOTAL VALUE OF BUSINESS INTERESTS (7) $

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8. ACCOUNTS RECEIVABLE

Give details of all money owed to either spouse, whether because of business or from personal dealings; including amounts loaned to family members, any Court judgments in a spouse’s favour, any estate money owed.

Owed to Details

Amount Owed

on date of application

current date

TOTAL OF ACCOUNTS RECEIVABLE (8) $

9. OTHER PROPERTY

Show other property or assets owned by categories. Include property of any kind not listed in items 1 to 8 (for example, patents or copyright claims). Give your best estimate of market value.

Owner Category Details

Estimated Market Value of Interest

on date of application

current date

TOTAL VALUE OF OTHER PROPERTY (9) $

I. VALUE OF ALL ASSETS (Add totals 1 to 9 together) I = $_____________

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II. DEBTS AND OTHER LIABILITIES

Show all debts and other liabilities, whether arising from personal or business dealings. List by category, such as mortgages, charges, loans, liens, notes, credit cards, accounts payable, tax arrears and costs of disposition. Indicate if any other person may be responsible for this debt with a spouse, and give their names. Include contingent liabilities such as guarantees given by either spouse, and indicate that they are contingent. Indicate if any debt payments are in arrears.

Debtor Category

Details (interest rate, term or number of payments remaining, any property affected)

Amount Owing

on date of application

current date

TOTAL DEBTS AND OTHER LIABILITIES II = $

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III: PROPERTY, DEBTS AND OTHER LIABILITIES ON DATE OF MARRIAGE

Show by category the value of each spouse’s property and debts and other liabilities calculated as of the date of marriage. If possible, include the price paid for asset, year purchased, and value added of repairs and improvements during marriage, as well as value on date of marriage.

Category and Details

Value on Date of Marriage

Assets Liabilities

Petitioner Respondent Petitioner Respondent

Real property (exclude family home owned on date of marriage, unless sold before date of separation)

Vehicles (exclude family use vehicles)

Bank accounts and savings

Pensions and Retirement Savings Plans

Securities

Life & disability insurance

Business interests

Accounts receivable

Other property (Specify.)

Debts and other liabilities (Specify.)

TOTALS $ $ $ $

NET VALUE OF PROPERTY OWNED ON DATE OF MARRIAGE III =

$ $

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IV: PROPERTY EXEMPT FROM DISTRIBUTION Show the value by category of property reported in this statement which was owned on the date of application that you claim is exempt from distribution pursuant to sections 23 and 24 of The Family Property Act, other than that property shown in Table III above.

Category Item and Reasons for Exemption Value on Date of Application

TOTAL VALUE OF EXEMPT PROPERTY IV = $

V: PROPERTY DISPOSED OF WITHIN 2 YEARS

List by category all property disposed of within 2 years before the beginning of this proceeding. Indicate the date of disposition of each item.

Category Details Value

TOTAL VALUE OF DISPOSED PROPERTY V = $

VI: CALCULATION OF NET FAMILY PROPERTY

Deductions Balance

Value of all assets owned on date of application (item I ) $

Subtract Value of all debts and other liabilities

(item II) $ $

Subtract Net value of property owned on date

of marriage (item III ) $ $

Subtract Value of exempt property

(item IV) $ $

NET FAMILY PROPERTY $

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VII. SCHEDULES

If applicable, attach a statement as to the income tax consequences of an ordered disposition or realization of particular assets.

If a pre-marital [or pre-cohabitation] asset claimed exempt is no longer held, but has been traded for another asset, attach a statement tracing the asset to the asset currently held. Attach copies of transaction documents. IMPORTANT NOTE: If during the course of the proceeding you find out that the information in this Property Statement is incorrect or incomplete, or there is a material change in the information provided, you MUST serve on every other party to this claim and file with the Court the correct information, or a new Property Statement containing the correct information, together with any documents that back up that information.

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