In what circumstances will a judge disregard a Memoranda that was agreed upon at a family court case conference?
Manitoba, Canada
The following excerpt is from K.J.S. v. J.L.S., 2006 MBQB 96 (CanLII):
In Cabot v. Mikkelson, 2004 MBCA 107, our Court of Appeal looked at the case conferencing system in family proceedings and what impact case conference memoranda had on the hearing before a motions judge. In that case, the respondent argued that retroactivity of child support payments and the amount of time that the respondent had care and control of his children had been agreed upon during case conferences, as evidenced by the resulting case conference memoranda. At a subsequent hearing, the petitioner distanced herself from the agreement, and the motions judge did not hold her to her agreement and memoranda.
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