Fisher v. Fisher, (1980) 4 Sask.R. 181 (CA)

• Judge: Brownridge, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: July 31, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 4 Sask.R. 181 (CA)

Fisher v. Fisher (1980), 4 Sask.R. 181 (CA)

MLB headnote and full text

Fisher v. Fisher

(No. 7164)

Indexed As: Fisher v. Fisher

Saskatchewan Court of Appeal

Brownridge, Hall and Bayda, JJ.A.

July 31, 1980.

Summary:

This case arose out of an application for a distribution order by a wife pursuant to s. 22 of the Matrimonial Property Act. The trial court granted the wife's application and ordered the husband to pay to the wife approximately $200,000. The judgment of the trial court is set out below - see paragraphs 18 to 24. The husband appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal, with a variation, affirmed the judgment of the trial court.

Family Law - Topic 864

Husband and wife - Property rights arising from marriage, distribution orders - Awards - A husband and wife married in 1953 and separated in 1977 - The husband had net assets of $502,000 - The Saskatchewan Court of Appeal affirmed an order pursuant to s. 22 of the Matrimonial Property Act that the husband pay to the wife $200,000 or approximately 40% of the husband's assets.

Family Law - Topic 884

Husband and wife - Property rights arising from marriage, considerations in making distribution orders - Wife's right to maintenance - The Saskatchewan Court of Appeal stated that in determining an equitable distribution order under the Matrimonial Property Act that a court should consider that the husband's liability for maintenance of a wife "is a constant one which may be varied from time to time" - See paragraphs 11 and 23.

Family Law - Topic 4034

Divorce - Corollary relief - Maintenance awards - Effect of an award under a matrimonial property statute - The Saskatchewan Court of Appeal stated that in determining an equitable distribution order under the Matrimonial Property Act that a court should consider that the husband's liability for maintenance of a wife "is a constant one which may be varied from time to time" - See paragraph 11.

Cases Noticed:

Schneider v. Schneider (1979), 10 R.F.L. 88; (1979), 1 Sask.R. 19, refd to. [para. 10].

Keeler v. Keeler (1978), 4 R.F.L. 193, refd to. [para. 11].

Birkeland v. Birkeland (1979), 10 R.F.L. 42, refd to. [para. 12].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 22.

Counsel:

D.A. Todd, for the appellant;

R.D. McCrank, for the respondent.

This appeal was heard by BROWNRIDGE, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered by BROWNRIDGE, J.A., at Regina, Saskatchewan on July 31, 1980: