Duplak v. Duplak and Balzar, (1988) 54 Man.R.(2d) 70 (QBFD)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 02, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 54 Man.R.(2d) 70 (QBFD)

Duplak v. Duplak (1988), 54 Man.R.(2d) 70 (QBFD)

MLB headnote and full text

Ottallyne Mae Duplak (petitioner) v. Stanley Robert Duplak and Gail Balzar (respondents)

(Suit No. 11493DP)

Indexed As: Duplak v. Duplak and Balzar

Manitoba Court of Queen's Bench

Family Division

Jewers, J.

May 2, 1988.

Summary:

A husband was ordered to pay $350.00 per month spousal maintenance pursuant to a decree nisi. The wife subsequently applied to increase the amount of spousal maintenance to $500.00 per month and for an order that the maintenance order be binding on the husband's estate.

The Manitoba Court of Queen's Bench, Family Division, allowed the application.

Family Law - Topic 4006

Divorce - Corollary relief - Maintenance awards - Effect of agreements - A husband and wife, both 61, divorced after 30 years of marriage - The husband paid $350.00 per month spousal maintenance as per a separation agreement, incorporated into the decree nisi - The wife was a housewife during the marriage, but employed since 1981; now working part-time because of health problems - Husband gainfully employed - The Manitoba Court of Queen's Bench, Family Division, held that the effect of inflation alone constituted a sufficient "change of circumstance" significant enough to justify an increase in spousal maintenance to $500.00 per month - The court held that variation was not barred by the terms of the separation agreement - See paragraphs 2 to 19.

Family Law - Topic 4009

Divorce - Corollary relief - Maintenance awards - Death of spouse - Effect of - The Manitoba Court of Queen's Bench, Family Division, varied a decree nisi to provide that the husband's estate be bound by the maintenance order, regardless that the original decree was silent respecting this matter, where the husband conceded that the parties intended that maintenance would continue to be paid from his estate - See paragraph 20.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - [See Family Law - Topic 4006 above].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To wife - Extent of obligation - [See Family Law - Topic 4009 above].

Cases Noticed:

Horn v. Horn (1987), 48 Man.R.(2d) 142, consd. [para. 16].

Pelech v. Pelech, [1987] 1 S.C.R. 801; [1987] 4 W.W.R. 481; 76 N.R. 81; 7 R.F.L.(3d) 225, not appld. [para. 17].

Caron v. Caron, [1987] 1 S.C.R. 892; 75 N.R. 36; 7 R.F.L.(3d) 274; 2 Y.R. 246, not appld. [para. 17].

Richardson v. Richardson, [1987] 1 S.C.R. 857; 77 N.R. 1; 22 O.A.C. 1; 7 R.F.L.(3d) 304, not appld. [para. 17].

Re Finnie and Rae, 77 D.L.R.(3d) 330, refd to. [para. 20].

Counsel:

H.J. Slobodzian, for the petitioner;

S.R. Duplak and A.A. Rich, Q.C., for the respondent.

This application was heard before Jewers, J., of the Manitoba Court of Queen's Bench, Family Division, whose decision was delivered on May 2, 1988.