Evans v. Evans, (1976) 4 A.R. 263 (TD)

JudgeKirby, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateDecember 15, 1976
Citations(1976), 4 A.R. 263 (TD)

Evans v. Evans (1976), 4 A.R. 263 (TD)

MLB headnote and full text

Evans v. Evans

Indexed As: Evans v. Evans

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Kirby, J.

December 15, 1976.

Summary:

This headnote contains no summary.

Family Law - Topic 4012

Divorce - Corollary relief - Maintenance awards - Both lump sum and periodic payments - Neither the wife petitioner nor the husband respondent in a divorce action had any liquid assets but they owned a home in joint tenancy worth $98,000.00 - The wife was to continue living in the house with their 17 year old son - The Alberta Supreme Court, Trial Division, awarded the wife $800.00 per month maintenance plus a lump sum maintenance award of $5,000.00, which represented the husband's share of a debt the couple owed to the wife's parents on the house - See paragraphs 1 to 7.

Family Law - Topic 4181

Divorce - Practice - Costs - Solicitor and client costs - The Alberta Supreme Court, Trial Division, awarded a successful wife petitioner solicitor and client costs in the amount of $1,500.00 plus disbursements after a contested divorce including a half day trial - See paragraph 8.

Cases Noticed:

Hunter v. Hunter (1974), 15 R.F.L. 336, consd. [para. 1].

Statutes Noticed:

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

Counsel:

D.J. Chernichen, for the petitioner;

J.W. Rose, for the respondent.

This case was heard on December 15, 1976, at Calgary, Alberta, before KIRBY, J., of the Alberta Supreme Court, Trial Division, Judicial District of Calgary.

On December 15, 1976, KIRBY, J., orally delivered the following judgment:

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