Allen John Hodgins

This endorsement concerns the approval of a settlement involving a party under disability and directions for the appointment of a litigation guardian.

The Public Guardian and Trustee (PGT), acting as statutory guardian of property for the respondent wife, moved for approval of Minutes of Settlement covering all issues except divorce.

The court approved the settlement under Rule 7.08 of the Rules of Civil Procedure, finding the evidentiary requirements met.

Additionally, the court provided directions for the appointment of a litigation guardian for the respondent to address the outstanding divorce application, clarifying that the PGT's statutory jurisdiction does not extend to consenting to a divorce.

The decision outlines the procedure for appointing a litigation guardian under Rule 7 of the Rules of Civil Procedure, as the Family Law Rules are silent on this matter.

The court addressed disputes arising from a prior separation agreement and order concerning child support and post‑secondary expenses for adult children of the marriage.

The court determined that one child became a non‑dependent child upon joining the military and was no longer entitled to child support.

For the remaining adult child attending post‑secondary education, the court established conditions governing entitlement to table child support and required detailed disclosure of educational status, residence, and financial resources.

The court also varied the prior order to require the adult child to contribute one‑quarter of her post‑secondary education costs once the RESP funds were depleted, with the parents contributing the remaining costs proportionally to income.

Determination of arrears and certain support issues was adjourned pending production of financial and residency information.