Brunt v. Brunt, (1979) 20 A.R. 143 (NWTSC)

• Judge: Disbery, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 20, 1979
• Jurisdiction: Northwest Territories
• Citations: (1979), 20 A.R. 143 (NWTSC)

Brunt v. Brunt (1979), 20 A.R. 143 (NWTSC)

MLB headnote and full text

Brunt v. Brunt

Indexed As: Brunt v. Brunt

Northwest Territories Supreme Court

Disbery, J.

July 20, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 665

Husband and wife - Property rights during marriage - Practice - Jurisdiction - The Northwest Territories Supreme Court held that an application for partition and sale of matrimonial property could not be brought under the Matrimonial Property Ordinance, R.O.N.W.T., c. M-7, s. 28, if a separation agreement signed by the parties already disposed of the property - See paragraphs 3 to 15.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance awards - Periodic payments - A wife applied for maintenance for two children in her custody - The husband owned a half- ton truck, a boat and motor, a cottage, a lot of land with a small house and an unsuccessful business - The husband's debts exceeded $34,000.00 and he had income of $60.00 a month from newspaper articles - The Northwest Territories Supreme Court ordered the husband to pay maintenance of $75.00 per month per child - See paragraph 21.

Family Law - Topic 4011

Divorce - Corollary relief - Maintenance awards - Lump sum - A wife applied for lump sum maintenance - The wife was 27 years old, had a grade 12 education plus six months teacher's training, was given the matrimonial home by her husband and was living rent free with another man - The husband owned an unsuccessful business, a lot of land with a small house, a cottage, a boat and motor and a half-ton truck - The husband's debts exceeded $34,000.00 - The Northwest Territories Supreme Court dismissed the application for a lump sum - The Supreme Court held that the circumstances were not such that it would be "fit and just" to grant corollary relief - See paragraph 22.

Family Law - Topic 4027

Divorce - Corollary relief - Maintenance awards - Effect of earnings or potential earnings of claimant - A wife applied for periodic maintenance payments - A wife was 27 years old, had a grade 12 education plus six months teacher's training, had previous successful jobs, was given the matrimonial home and was living rent free with another man - The husband was heavily in debt - The Northwest Territories Supreme Court dismissed the application and held that considering the conditions, means and conduct of the parties it would not be fair or just to order the husband to pay maintenance to the wife - See paragraphs 23 to 29.

Family Law - Topic 4123

Divorce - General - Joinder of actions - The Northwest Territories Supreme Court held that actions to set aside separation agreements and actions arising out of trust, quantum meruit or unjust enrichment, must be commenced in proceedings separate from a petition for a divorce - See paragraphs 16 to 20.

Practice - Topic 7029.3

Costs - Party and party costs - Entitlement to - Successful party - Exceptions - Prolonging proceedings - A wife petitioned for divorce and was granted a decree nisi - The hearing took five days - The Northwest Territories Supreme Court awarded the unsuccessful husband costs for four days because the wife unreasonably prolonged the hearing by introducing "masses of irrelevant and trivial evidence" - See paragraphs 30 to 32.

Cases Noticed:

Gardiner v. Gardiner (1966), 56 W.W.R.(N.S.) 83, refd to. [para. 14].

Rathwell v. Rathwell (1974), 14 R.F.L. 297, refd to. [para. 18].

Wagner v. Wagner (1970), 73 W.W.R.(N.S.) 474, refd to. [para. 18].

Keller v. Keller (1975), 26 R.F.L. 129, refd to. [para. 18].

Sonntag v. Sonntag (1978), 5 R.F.L.(2d) 372, refd to. [para. 18].

Schum v. Schum, 5 R.F.L.(2d) 72, refd to. [para. 18].

Osborne v. Osborne (1974), 14 R.F.L. 61, refd to. [para. 22].

Wittke v. Wittke and Bauer (1974), 16 R.F.L. 349, refd to. [para. 22].

Campbell v. Campbell, [1976] 5 W.W.R. 513, refd to. [para. 22].

Knoll v. Knoll, [1969] 2 O.R. 580, refd to. [para. 29].

Wilson v. Wilson (1978), 21 O.R.(2d) 703, refd to. [para. 30].

Statutes Noticed:

Matrimonial Property Ordinance, R.O.N.W.T., c. M-7, sect. 28 [para. 4].

Northwest Territories Divorce Rule, rule 4 [para. 16].

Divorce Act, R.S.C. 1970, c. D-8, sect. 11(1) [para. 22].

Northwest Territories Act, R.S.C. 1970, c. M-22, sect. 13 [para. 22].

Authors and Works Noticed:

Williston and Rolls, The Law of Civil Procedure, vol. 1, pp. 411-412 [para. 18].

Counsel:

G. Boyd, for the petitioner;

E. Brogden, for the respondent.

This case was heard by DISBERY, J., of the Northwest Territories Supreme Court.

On July 20, 1979, DISBERY, J., delivered the following judgment: