Ferris v. Ferris, 2004 NSSC 141

• Judge: Moir, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 02, 2004
• Jurisdiction: Nova Scotia
• Citations: 2004 NSSC 141;(2004), 225 N.S.R.(2d) 278 (SC)

Ferris v. Ferris (2004), 225 N.S.R.(2d) 278 (SC);

 713 A.P.R. 278

MLB headnote and full text

Temp. Cite: [2004] N.S.R.(2d) TBEd. JL.024

Brent Charles Ferris (petitioner) v. Carol Patricia Ferris (respondent)

(S.T. No. 1207-002473; 2004 NSSC 141)

Indexed As: Ferris v. Ferris

Nova Scotia Supreme Court

Moir, J.

July 14, 2004.

Summary:

A couple separated. At issue were certain marital property matters, including the extent of the wife's gambling losses in the years just before separation and their effect on the division of property.

The Nova Scotia Supreme Court decided the issues accordingly. The court found, inter alia, that the wife spent $40,000 on excessive gambling. The court credited $20,000 from the wife's side of the marital property equation to the husband's side.

Family Law - Topic 880.3

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Gift, trust, bequest or award - A couple separated - They owned, inter alia, 13 acres of land adjacent to their home - The property had a value of $21,344 after disposition costs - The land was purchased for $24,000, $14,000 of which came from the husband's inheritance - The husband submitted that $14,000 of the value of the land should, therefore, be treated as inheritance - The Nova Scotia Supreme Court rejected the submission - Money inherited by the wife had benefited the matrimonial assets by paying off a loan and going into household expenses - In both cases, the inherited money ceased to be inheritance when it went to benefit the family as a whole - See paragraph 19.

Family Law - Topic 880.22

Husband and wife - Marital property - Distribution orders - Compensation for dissipation of assets - A couple separated - At issue were certain marital property matters, including the extent of the wife's gambling losses in the years just before separation and their effect on the division of property - The Nova Scotia Supreme Court found that the wife spent $40,000 on excessive gambling - The court credited $20,000 from the wife's side of the marital property equation to the husband's side - See paragraphs 1 to 17.

Family Law - Topic 890.5

Husband and wife - Marital property - Considerations in making distribution orders - Dissipation or disposal of assets - [See Family Law - Topic 880.22 ].

Cases Noticed:

Donald v. Donald (1991), 103 N.S.R.(2d) 322; 282 A.P.R. 322; 33 R.F.L.(3d) 196 (C.A.), refd to. [para. 17].

McNeil v. McNeil (2002), 209 N.S.R.(2d) 50; 656 A.P.R. 50 (C.A.), refd to. [para. 17].

Curren v. Curren (1987), 81 N.S.R.(2d) 118; 203 A.P.R. 118 (T.D.), refd to. [para. 23].

Sproule v. Sproule (1985), 69 N.S.R.(2d) 103; 163 A.P.R. 103 (T.D.), refd to. [para. 23].

Hommel v. Hommel (1985), 71 N.S.R.(2d) 85; 171 A.P.R. 85 (T.D.), refd to. [para. 23].

Stoodley v. Stoodley (1999), 172 N.S.R.(2d) 101; 524 A.P.R. 101 (S.C.), refd to. [para. 25].

Counsel:

Bradford G. Yuill, for the petitioner;

David J. Mahoney, for the respondent.

This matter was heard on May 25 and 26 and June 2, 2004, by Moir, J., of the Nova Scotia Supreme Court, who delivered the following decision on July 14, 2004.