Adams v. Orenchuk, (1997) 154 Sask.R. 110 (FD)

• Judge: Hunter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 27, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 154 Sask.R. 110 (FD)

Adams v. Orenchuk (1997), 154 Sask.R. 110 (FD)

MLB headnote and full text

Margaret Ann Adams (Orenchuk)(petitioner) v. Ivar Steven Orenchuk (respondent)

(1995 D.I.V. No. 003539)

Indexed As: Adams v. Orenchuk

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Moose Jaw

Hunter, J.

February 27, 1997.

Summary:

As part of a divorce proceeding, the wife applied for spousal support and an equal distribution of matrimonial property which included a motel business purchased primar­ily from settlement proceeds from the hus­band's motor vehicle accident and a workers' compensation board annuity.

The Saskatchewan Court of Queen's Bench, Family Law Division, granted the wife's application as requested except for the motel business for which the court held the wife was entitled to an equal division of the first $50,000 of equity.

Family Law - Topic 880.7

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Award or settlement of damages - As part of a divorce proceeding, the wife applied for an equal distribution of a motel business - The husband argued that any equity in the business was exempt under s. 23(3)(a) of the Matrimonial Property Act as the motel was purchased using his personal injury damages - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the first $50,000 of the motel's equity was divisible and the remainder was exempt - The court agreed that the motel was purchased with a settlement of damages in tort but applied s. 23(4) holding that in all the circum­stances it was unfair and unreasonable to allow the full extent of the exemption to the husband - See paragraphs 14 to 30.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Particular property - Pensions - As part of a divorce proceed­ing, the wife applied for an equal distribu­tion of her husband's workers' compensa­tion board annuity - The husband argued that the annuity was not a pension asset under the Matrimonial Property Act - The Saskatchewan Court of Queen's Bench, Family Law Division, reviewed s. 74 of the Workers' Compensation Act and held that the annuity was a pension for the purpose of distribution under the Matri­monial Property Act and the wife was entitled to one-half - The annuity was established to substitute for the lack of full pension contributions made by an employee while in receipt of compensation benefits, an employee could have the amount contributed to an established su­perannuation plan, and the annuity benefit accrued with interest and was not payable until age 65 and in event of death it was payable to the worker's estate - See para­graphs 31 to 35.

Family Law - Topic 880.31

Husband and wife - Marital property - Distribution orders - Particular property - Annuities - [See Family Law - Topic 880.28 ].

Family Law - Topic 880.42

Husband and wife - Marital property - Distribution orders - Particular property - Workers' compensation awards - [See Family Law - Topic 880.28 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance and awards - To wife - Extent of obliga­tion - As part of a divorce proceeding, the wife applied for spousal support - The wife earned $550 monthly and experienced a shortfall of $200 each month - The husband's salary was in the form of man­agement wages from his motel - The Saskatchewan Court of Queen's Bench, Family Law Division, awarded the wife $225 support payable for the next four years - The court stated that the wife was still a young woman but was in need of support - She was a homemaker in the early years of the marriage and lacked the confidence in her own abilities - The court also stated that because the motel was to be sold depreciation was a factor which could be used to increase the cash avail­able for spousal support - See paragraphs 37 to 42.

Cases Noticed:

Tanouye v. Tanouye (1994), 128 Sask.R. 48; 85 W.A.C. 48 (C.A.), appld. [para. 24].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 23(3), sect. 23(4), sect. 23(5) [para. 23].

Workers' Compensation Act, 1979, S.S. 1979, c. W-17.1, sect. 74 [para. 32].

Author and Works:

Oxford Dictionary [para. 35].

Counsel:

K.R. Chow and J.A. Johnson, for the peti­tioner;

M.S. Scott, for the respondent.

This matter was heard before Hunter J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Moose Jaw, who delivered the following judgment on February 27, 1997.