Rory W. Krenz

The applicant, Simon Gregory, sought confirmation of a provisional order from the Supreme Court of British Columbia concerning the termination of child support and the set-off of child support arrears.

The respondent, Geraldine Carmen Holmes, opposed aspects of the provisional order and sought costs.

The court confirmed the termination of child support for both children (Jordan and Bailey) as agreed.

On the contested issue of arrears, the court found the applicant owed $8,767.29 in arrears to the respondent, exceeding the applicant's claim of $1,255.71.

The court determined the respondent was the more successful party on the relevant contested issue and awarded her partial indemnity costs of $1,804.00, to be paid by the applicant within 30 days.

The court declined to address issues outside the scope of the provisional order, such as equalization payments or postsecondary expenses.

A confirmation hearing was held under ss. 18–19 of the Divorce Act regarding a provisional order issued by the Supreme Court of British Columbia varying child support obligations between former spouses.

The responding party opposed confirmation of a provision offsetting child support arrears, arguing that outstanding arrears and unpaid section 7 educational expenses remained unresolved and that the moving party had failed to provide required financial disclosure.

The court found the evidentiary record insufficient to determine the proper calculation of arrears and proportional contributions to post‑secondary expenses.

Pursuant to s. 19(6) of the Divorce Act, the court remitted the matter to the issuing court in British Columbia for further evidence and adjourned the confirmation hearing.