Hammermeister Estate v. Hammermeister, (1982) 20 Sask.R. 238 (CA)

Judge:Bayda, C.J.S., Hall and Tallis, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:November 30, 1982
Citations:(1982), 20 Sask.R. 238 (CA)

Hammermeister v. Hammermeister (1982), 20 Sask.R. 238 (CA)

MLB headnote and full text

Hammermeister Estate v. Hammermeister

(No. 7812)

Indexed As: Hammermeister Estate v. Hammermeister

Saskatchewan Court of Appeal

Bayda, C.J.S., Hall and Tallis, JJ.A.

November 30, 1982.


A husband was ordered to pay $50.00 maintenance per month to his ex-wife, who was suffering from multiple sclerosis and confined to a hospital. The cost of the wife's medical care was covered by provincial legislation, until the hospital became ineligible to receive payments under the Saskatchewan Hospitalization Act and began personally charging its residents. The Administrator of Estates, who was appointed to handle the wife's affairs due to her mental incompetence, applied for a variation of the monthly maintenance. The Saskatchewan Court of Queen's Bench, in a decision unreported in this series of reports, allowed the application and increased the monthly maintenance to $440.00 per month. The husband appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - A divorced wife was mentally incompetent and totally dependant on nursing care because of multiple sclerosis - She received $50.00 monthly maintenance from her ex-husband, because her medical and hospital care costs were covered under provincial legislation - Her residence later lost status to receive hospitalization payments and changed regulations required her to personally pay for her care - The Saskatchewan Court of Appeal affirmed a maintenance increase to $440 per month, because of her changed circumstances - See paragraphs 2 to 6.

Cases Noticed:

Harrington v. Harrington, 123 D.L.R.(3d) 689, refd to. [para. 5].

Jones v. Jones, [1971] 2 W.W.R. 101, refd to. [para. 5].


R. Kohaly, for the appellant;

W.N. Lawton, Q.C., and M. Woods, for the respondent.

This appeal was heard before BAYDA, C.J.S., HALL and TALLIS, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered orally by TALLIS, J.A., at Regina, Saskatchewan, on November 30, 1982.

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