Conway v. Simpson, 2011 MBQB 232

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: September 27, 2011
• Jurisdiction: Manitoba
• Citations: 2011 MBQB 232;(2011), 269 Man.R.(2d) 250 (QBM)

Conway v. Simpson (2011), 269 Man.R.(2d) 250 (QBM)

MLB headnote and full text

Temp. Cite: [2011] Man.R.(2d) TBEd. OC.013

Lori Lynn Conway (petitioner) v. William Grant Simpson (respondent)

(FD 06-02-03075; 2011 MBQB 232)

Indexed As: Conway v. Simpson

Manitoba Court of Queen's Bench

Brandon Centre

Harrison, Master

September 27, 2011.

Summary:

A reference order set both the opening and closing dates in this accounting to coincide with the date of marriage (July 9, 1988) and the parties' separation (March 18, 2006), respectively. The husband was a farmer, cultivating land and running cattle. There were numerous property issues, of varying degrees of complexity and value.

A Master of the Manitoba Court of Queen's Bench, in a decision reported at 264 Man.R.(2d) 224, determined the issues. The parties disputed the remaining matters of costs and interest. On the issue of interest, the husband proposed an adjournment to facilitate his tax planning.

A Master of the Manitoba Court of Queen's Bench dismissed the husband's application for an adjournment. The court awarded the wife the sum of $18,610 in costs. "Success has not only followed the petitioner/wife, it has followed her in an overwhelming monetary equalization amount." The court ordered the wife interest from the date of separation, calculated on her methodology and added to the equalization payment due to her.

Family Law - Topic 867

Husband and wife - Marital property - Distribution orders - Interest on awards - The parties had been separated for a substantial period of time, i.e., since March of 2006 - The vast majority of family/marital property was not only in the husband's possession but also in his name - Those assets provided him with an annual income - The land assets had increased in monetary value post separation - The wife had received no spousal support since separation - On this accounting, the wife sought interest from the date of separation and requested that the court include a ruling that interest be assessed on the equalization payment due to her - The husband proposed an adjournment to facilitate his tax planning - A Master of the Manitoba Court of Queen's Bench refused to grant such an adjournment, as the wife had been without funds, either by way of spousal support or property division, for over five years - The court ordered that interest calculated by the methodology suggested by the wife could be added to the equalization payment due to her - Relying on the reasoning in Keay v. Keay (2007) (Man. Q.B.), the court held that it had jurisdiction to make an interest order in this matter - See paragraphs 10 to 13.

Cases Noticed:

Keay v. Keay (2007), 213 Man.R.(2d) 132; 2007 MBQB 64, refd to. [para. 13].

Counsel:

Jack D. Cram, for the petitioner;

Robert H. Johnston, Q.C., for the respondent.

This accounting was heard before Harrison, Master, of the Manitoba Court of Queen's Bench, Brandon Centre, who delivered the following supplemental reasons for judgment on September 27, 2011.