East v. East, 2000 SKQB 557

• Judge: Hunter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 11, 2000
• Jurisdiction: Saskatchewan
• Citations: 2000 SKQB 557;(2000), 201 Sask.R. 264 (FD)

East v. East (2000), 201 Sask.R. 264 (FD)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. DE.090

Sharon Diane East (petitioner) v. Robert Earl East (respondent)

(1998 D.I.V. No. 4704001410; 2000 SKQB 557)

Indexed As: East v. East

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Estevan

Hunter, J.

December 11, 2000.

Summary:

A husband and wife divorced. At issue was the division of marital property.

The Saskatchewan Court of Queen's Bench, Family Law Division, determined the distribution of marital property.

Family Law - Topic 876

Husband and wife - Marital property - Distribution orders - Family or matrimo­nial assets - A husband and wife divorced -The primary asset was payments from an annuity that the husband received as part of a damage award - The damage award also included a lump sum - The husband purchased term deposits in the spouses' joint name, a boat and a trailer with a portion of the lump sum - Section 23(3) of the Marital Property Act exempted awards and settlement of damages from distribution - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the boat and trailer were household goods and were not exempt under s. 23(3) - The funds placed in the joint accounts had lost their exempt status - The court noted that a maximum of 28% of the husband's total damage award was attribu­table to past wages and interest and the wife was entitled to 1/2 or 14% - Accordingly, the court awarded the wife 14% of all benefits payable under the annuity.

Family Law - Topic 880.7

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Award or settlement of damages - [See Family Law - Topic 876 ].

Family Law - Topic 880.31

Husband and wife - Marital property - Distribution orders - Particular properties -Annuities - [See Family Law - Topic 876 ].

Family Law - Topic 880.43

Husband and wife - Marital property - Distribution orders - Particular property - Damage awards - [See Family Law - Topic 876 ].

Cases Noticed:

Girouard v. Girouard (1992), 79 Man.R.(2d) 274; 40 R.F.L.(3d) 157 (Q.B. Fam. Div.), refd to. [para. 53].

Nesbitt v. Nesbitt (1997), 159 Sask.R. 252 (Q.B. Fam. Div.), refd to. [para. 55].

C.R.L. v. R.E.L., [1998] Sask.R. Uned. 5 (Q.B. Fam. Div.), refd to. [para. 56].

Adams v. Orenchuk (1997), 154 Sask.R. 110 (Q.B. Fam. Div.), refd to. [para. 62].

Tanouye v. Tanouye (1994), 128 Sask.R. 48; 85 W.A.C. 48 (C.A.), refd to. [para. 64].

Statutes Noticed:

Matrimonial Property Act, S.S. 1997, c. M-6.11, sect. 23(3) [para. 4].

Counsel:

P.D. Elash and J.P. Ryan, for the petition­er;

J.F. Trobert, for the respondent.

This matter was heard by Hunter, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Estevan, and delivered the following judg­ment on December 11, 2000.