Frost v. Frost, (1996) 183 N.B.R.(2d) 73 (CA)

• Judge: Ryan, Turnbull and Bastarache, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: October 31, 1996
• Jurisdiction: New Brunswick
• Citations: (1996), 183 N.B.R.(2d) 73 (CA)

Frost v. Frost (1996), 183 N.B.R.(2d) 73 (CA);

    183 R.N.-B.(2e) 73; 465 A.P.R. 73

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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David Cecil Frost (respondent/appellant/respondent by cross-appeal) v. Katherine Ann Frost (petitioner/respondent/appellant by cross-appeal)

(55/96/CA)

Indexed As: Frost v. Frost

New Brunswick Court of Appeal

Ryan, Turnbull and Bastarache, JJ.A.

October 31, 1996.

Summary:

A husband and wife separated. The wife applied for an accounting of marital assets and debts and a division of marital property under the Marital Property Act. Subse­quently, the wife petitioned for a divorce. The husband applied for child support. The actions were consolidated for trial.

The New Brunswick Court of Queen's Bench, Family Division, in a judgment reported 176 N.B.R.(2d) 263; 447 A.P.R. 263, granted the divorce, divided the marital property and awarded the husband child support. The husband appealed. The wife cross-appealed.

The New Brunswick Court of Appeal dismissed the appeal and the cross-appeal.

Family Law - Topic 630

Husband and wife - Marital property - Matrimonial home - General - A husband and wife married in 1976 - In 1977, they acquired a home - In 1980, they separated - In 1981 they executed a sep­aration agreement - The wife received $6,500 (her contribution to the marital home) - The wife built another home - In 1985, the parties resumed co­habitation - In 1987, the wife sold the home that she had acquired during the separation and realized $30,000 - The parties separated again in 1993 - In 1995 the wife petitioned for a divorce and a division of marital property including the marital home - She claimed that it had been remortgaged in 1987 to pay off debts accumulated by the husband during the separation - The trial judge divided the marital home equally - The New Bruns­wick Court of Appeal held that the trial judge's decision was supported by the evidence.

Family Law - Topic 880.1

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Pre-marriage acquisi­tions - In 1980, a husband and wife sep­arated - In 1981 they executed a sep­ar­ation agreement - The wife received $6,500 (her contribution to the marital home) - The wife built another home - In 1985, the parties resumed co­habitation - In 1987, the wife sold the home that she had acquired during the separation and realized $30,000 - The parties separated again in 1993 - In 1995 the wife petitioned for a divorce and a division of marital property - The husband submitted that the marital property was divided in 1981 - In the alternative, he claimed an equal share of the assets she acquired during the first separation - The trial judge held that the $6,500 and the $30,000 acquired by the wife during the first separation were not marital assets - The New Brunswick Court of Appeal held that the trial judge's decision was sup­ported by the evidence.

Family Law - Topic 880.1

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Pre-marriage acquisi­tions - A husband and wife married in 1976 and separated in 1980 - In 1981 they executed a separation agreement - The wife received $6,500 (her contribution on the marital home) - In 1985, the parties resumed cohabitation - The parties separ­ated again in 1993 - In 1995 the wife petitioned for a divorce and a division of marital property - The wife claimed that a cottage in Maine acquired by the husband prior to the marriage was a mari­tal asset - How­ever, she was there only three or four times - The husband's children from a prior marriage used the cottage more than his current family - The trial judge held that the cottage was not a marital asset - The New Brunswick Court of Appeal held that the trial judge's deci­sion was supported by the evidence.

Family Law - Topic 880.4

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Post-separation - [See first Family Law - Topic 880.1 ].

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Pensions - A hus­band and wife married in 1976 and sepa­rated in 1980 - In 1981 they executed a separation agreement - The wife received $6,500 (her contribution on the marital home) - In 1985, the parties resumed cohabitation - In 1987 the husband was dismissed from his job and received pen­sion funds of $65,698.67 - The husband invested the funds in a R.R.S.P. - The parties separated again in 1993 - In 1995 the wife petitioned for a divorce and a division of marital property - The husband submitted that the marital property was divided in 1981 - He also submitted that the R.R.S.P. acquired with the pension funds was not a family asset - The trial judge held that the R.R.S.P. was a family asset and awarded the wife a share (i.e., $4,283.55) - The New Brunswick Court of Appeal held that the trial judge's decision was supported by the evidence.

Family Law - Topic 880.32

Husband and wife - Marital property - Distribution orders - Registered Retire­ment Savings Plans - [See Family Law - Topic 880.28 ].

Counsel:

John C. Friel, Q.C., for the appellant;

Robert D. MacElwain, for the respondent.

This appeal and cross-appeal were heard on October 29, 1996, before Ryan, Turnbull and Bastarache, JJ.A., of the New Brunswick Court of Appeal.

On October 31, 1996, the following judg­ment was delivered by the Court.