MAINTENANCE AND SUPPORT - Practice and procedure - Legislation - Parties

Law360 Canada ( August 14, 2018, 8:27 AM EDT) -- Application by RN Auer for recusal of the case management judge. Application by the Attorney General of Canada for intervener status. RN Auer and his former wife married in August 2004 and separated in November 2005. There was one child of the marriage, born in October 2005. The child currently resided with his mother in Edmonton. RN Auer resided with his current wife and other children in Saskatoon. Numerous applications had been filed by the parties in relation to financial disclosure, child and spousal support, and access. This was high-conflict litigation and the relationship between the parties was highly acrimonious. The matter was placed in case management in July 2006. RN Auer was asking the Court to find the Federal Child Support Guidelines to be ultra vires the Divorce Act and to declare them to be of no force and effect. He was seeking recusal of the case management judge on the basis of a reasonable apprehension of bias. The Attorney General of Canada claimed that her intervention was especially vital due to the far-reaching consequences that a finding of invalidity would have on family law litigants across Canada....
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