Melanie Herbin

The respondent was in default of a child support order and his driver's licence was suspended after the Director sent a First Notice to his address on record.

The respondent brought a motion to reinstate his licence, claiming he did not receive the notice.

The motions judge ordered the reinstatement of the licence for 90 days to allow the respondent to bring a motion to vary support.

The Director appealed.

The Court of Appeal allowed the appeal, finding that the Director proved proper service of the First Notice in accordance with the legislation.

The motions judge had no jurisdiction to order reinstatement or to make a refraining order outside the statutory 30-day period.

The Director of the Family Responsibility Office appealed a motions judge's order lifting the suspension of a defaulting payor's driver's licence, issuing a refraining order, and directing the withdrawal of any federal licence denial application.

The Court of Appeal held that the motions judge lacked jurisdiction to make a refraining order outside the 30-day statutory period.

However, because the Director failed to prove service of the First Notice regarding the driver's licence suspension, the suspension could not stand.

The Court further held that the motions judge erred in ordering the withdrawal of the federal licence denial application, as the payor had been properly served with notice and failed to take the required statutory steps to prevent it.

The appeal was allowed in part.