Does a party have to consult or agree in advance with the parent before making a retroactive claim for extraordinary expenses?

The Guidelines do not require that the parties consult or agree in advance. However, a failure to consult may bar a retroactive claim for special or extraordinary expenses, even without such a term in a separation agreement. In Reggelsen v. Reggelsen, 2009 BCSC 1790 at para. 25, the court rejected a retroactive claim for two years’ worth of extraordinary expenses on the basis that the parent had “an obligation to consult with the plaintiff for large s. 7 or extraordinary expenses … he is not entitled to accumulate several years of expenses and then to present a large account for items about which the plaintiff has had no notice or input.” Similarly, in Z.D.D. v. R.C.G., 2004 BCSC 1239, the court refused to make an award for the extraordinary expenses where the plaintiff failed to discuss or seek agreement from the defendant regarding those expenses. Mr. Justice Melnick at para. 31 states: