Bell v. Bell, (2000) 192 Nfld. & P.E.I.R. 26 (NFFC)

• Judge: Cook, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 28, 2000
• Jurisdiction: Newfoundland and Labrador
• Citations: (2000), 192 Nfld. & P.E.I.R. 26 (NFFC)

Bell v. Bell (2000), 192 Nfld. & P.E.I.R. 26 (NFFC);

    580 A.P.R. 26

MLB headnote and full text

Temp. Cite: [2000] Nfld. & P.E.I.R. TBEd. MY.016

Ada Mabel Bell (petitioner) v. John Edward Bell (respondent)

(No. 98/9078)

Indexed As: Bell v. Bell

Newfoundland Supreme Court

Unified Family Court

Cook, J.

April 28, 2000.

Summary:

A divorced wife applied for spousal sup­port.

The Newfoundland Supreme Court, Unified Family Court, allowed the applica­tion.

Family Law - Topic 2371

Maintenance of wives and children - Defences or bars - Cohabitation by wife - The spouses lived together for 36 years - The wife, now aged 55, stayed at home for 32 years and cared for the children - She had a grade eight education - She suffered from diverse health problems - The wife now lived at the home of a male friend - The wife and the friend had separate living accommodations and separate phone num­bers but shared the same mailbox - The wife paid rent - She was saving to buy a car - The wife and the friend occasionally went out together and had sexual relations - The Newfoundland Supreme Court, Unified Family Court, held: (1) the wife was entitled to spousal support; (2) a com­mon law relationship between the wife and the friend was not established; (3) even if it were, the relationship would not bar spousal support - The court ordered the husband to pay the wife $2,000 monthly indefinite spousal support.

Family Law - Topic 4022

Divorce - Maintenance awards - To wife - Considerations - [See Family Law - Topic 2371 ].

Family Law - Topic 4022.1

Divorce - Maintenance awards - To spouse - Extent of obligation - [See Family Law - Topic 2371 ].

Cases Noticed:

Cann v. Huxley (1987), 78 N.S.R.(2d) 422; 193 A.P.R. 422; 7 R.F.L.(3d) 430 (Fam. Ct.), refd to. [para. 17].

Nicholas v. Nicholas (1988), 70 Sask.R. 241 (Q.B.), refd to. [para. 19].

Waterman v. Waterman (1995), 133 Nfld. & P.E.I.R. 310; 413 A.P.R. 310 (Nfld. C.A.), consd. [para. 29].

Chaffey v. Chaffey (1976), 3 R.F.L.(2d) 69 (Nfld. T.D.), refd to. [para. 44].

Hodder v. Hodder (1976), 10 Nfld. & P.E.I.R. 150; 17 A.P.R. 150 (Nfld. T.D.), refd to. [para. 44].

Boudreau v. Bradbury, [1998] B.C.T.C. Uned. 552; 38 R.F.L.(4th) 1 (S.C.), consd. [para. 46].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161; [1993] 1 W.W.R. 481; 99 D.L.R.(4th) 456; 43 R.F.L.(3d) 345, refd to. [para. 47].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211; 44 R.F.L.(4th) 1, refd to. [para. 47].

Linton v. Linton (1990), 42 O.A.C. 328; 30 R.F.L.(3d) 1 (C.A.), refd to. [para. 51].

Anderson v. Anderson (1991), 7 B.C.A.C. 123; 15 W.A.C. 123; 37 R.F.L.(3d) 217 (C.A.), refd to. [para. 51].

Pumphrey v. Pumphrey (1997), 148 Nfld. & P.E.I.R. 33; 464 A.P.R. 33; 29 R.F.L.(4th) 283 (Nfld. C.A.), refd to. [para. 60].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15.2(1), sect. 15.2(4), sect. 15.2(6) [para. 30].

Counsel:

B. John Barrett, for the petitioner;

Ernest Gittens, for the respondent.

This application was heard on March 22, 2000, by Cook, J., of the Newfoundland Supreme Court, Unified Family Court.

Cook, J., delivered the following decision on April 28, 2000.