Blake v. Blake, (1998) 203 N.B.R.(2d) 134 (CA)

• Judge: Ryan, Turnbull and Larlee, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 23, 1998
• Jurisdiction: New Brunswick
• Citations: (1998), 203 N.B.R.(2d) 134 (CA)

Blake v. Blake (1998), 203 N.B.R.(2d) 134 (CA);

    203 R.N.-B.(2e) 134; 518 A.P.R. 134

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1998] N.B.R.(2d) TBEd. AU.025

Maria Louise (Lucy) Blake (applicant/appellant) v. James M. Blake (respondent/respondent)

(245/97/CA)

Indexed As: Blake v. Blake

New Brunswick Court of Appeal

Ryan, Turnbull and Larlee, JJ.A.

July 30, 1998.

Summary:

A couple separated after 29 years of mar­riage. The wife sought a division of prop­erty, including an interest in the husband's business. She also sought spousal support.

The New Brunswick Court of Queen's Bench, Family Division, in a decision reported at 193 N.B.R.(2d) 285; 493 A.P.R. 285, determined the division of property and awarded the wife spousal support. The wife appealed the failure to make an indefinite spousal support order, the amount of the support order, the division of a particular property and the interpretation of s. 2 of the Marital Property Act when dividing the marital and non-marital property.

The New Brunswick Court of Appeal dismissed the appeal.

Family Law - Topic 877

Husband and wife - Marital property - Distribution orders - Business, commercial or non-family assets - A couple separated after 29 years of marriage - There were no children - The husband owned a construc­tion company valued at $275,000 - The wife worked part-time and was respon­sible for the majority of the household duties - She made very minor contribu­tions to the business - For three years prior to the separation the company gave the wife $15,000 as part of an income split for income tax purposes - The wife received an equal division ($244,909) of the marital property - The wife sought a 25 to 35 percent interest in the business - The trial judge awarded the wife a 10% interest in the company - The wife appealed - The New Brunswick Court of Appeal dismissed the appeal - See para­graph 9.

Family Law - Topic 880.36

Husband and wife - Marital property - Distribution orders - Particular property - Active business - [See Family Law - Topic 877 ].

Family Law - Topic 2213

Maintenance of wives and children - Gen­eral principles - Extent of duty to support -[See Family Law - Topic 2484 ].

Family Law - Topic 2484

Maintenance of wives and children - Awards - Periodic payments - A couple separated in 1995 after 29 years of mar­riage - The wife, age 52, worked part-time earning $15,959 - She suffered from vari­ous health problems - She made no at­tempts to find full time employment or to upgrade her skills - She received over $270,000 in the division of property - The husband, age 57, owned a construction contracting company - He also suffered from health problems and could no longer do strenuous work in relation to the com­pany - He had been paying $1,250 interim spousal support - The trial judge ordered the husband to pay $1,250 spousal support until September 2000, at which time the matter could be reviewed - The wife ap­pealed the amount of the support order and the failure to make an indefinite order - The New Brunswick Court of Appeal dismissed the appeal - See paragraphs 1 to 8.

Cases Noticed:

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 8].

Counsel:

Heather Satin-Skinner, for the appellant;

Sherron J.L. Dickson, Q.C., for the respon­dent.

This appeal was heard on June 23, 1998, by Ryan, Turnbull and Larlee, JJ.A., of the New Brunswick Court of Appeal. The Court of Appeal delivered the following decision on July 30, 1998.