Haigh v. Haigh, (1991) 5 B.C.A.C. 109 (CA)

• Judge: Hinkson, Legg and Hinds, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 14, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 5 B.C.A.C. 109 (CA)

Haigh v. Haigh (1991), 5 B.C.A.C. 109 (CA);

    11 W.A.C. 109

MLB headnote and full text

Barbara Helen Haigh (petitioner/respondent) v. Stuart Melville Haigh (respondent/appellant)

(CA012113)

Indexed As: Haigh v. Haigh

British Columbia Court of Appeal

Hinkson, Legg and Hinds, JJ.A.

June 14, 1991.

Summary:

A chambers judge ordered that a divorced husband continue paying maintenance. The husband appealed the continuation order.

The British Columbia Court of Appeal dismissed the appeal.

Family Law - Topic 4018

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of - Jurisdiction - Upon divorce a husband was ordered to pay his wife $900 maintenance per month until December 1, 1989, reviewable on or before the last day of December 1989 - In January 1990 a chambers judge ordered that the husband continue paying the maintenance for 23 months, to be reviewed on or before February 1992 - The British Columbia Court of Appeal held that the continuation order was proper - The court held that the original maintenance order did not direct the payment of support for either a definite period of time or until the happening of a specified event such as to attract the variation provisions of s. 17(10) of the Divorce Act.

Cases Noticed:

Millward v. Millward (1987), 8 R.F.L.(3d) 67, dist. [para. 7].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 17(10).

Counsel:

H.C. Stansfield, for the appellant;

   P. Daltrop, for the respondent.

This appeal was heard on June 14, 1991, in Vancouver, B.C., before, Hinkson, Legg and Hinds, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered orally on the same date including the following opinions:

Hinds, J.A. - see paragraphs 1 to 13;

Legg, J.A. - see paragraphs 14, 16.

Hinkson, J.A. - see paragraph 15.