O'Hara v. O'Hara, (1995) 164 N.B.R.(2d) 295 (FD)

• Judge: Graser, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 25, 1995
• Jurisdiction: New Brunswick
• Citations: (1995), 164 N.B.R.(2d) 295 (FD)

O'Hara v. O'Hara (1995), 164 N.B.R.(2d) 295 (FD);

    164 R.N.-B.(2e) 295; 421 A.P.R. 295

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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Suzanne Marie O'Hara (applicant) v. Leo James O'Hara (respondent)

(FDSJ-4108-94)

Indexed As: O'Hara v. O'Hara

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Graser, J.

June 27, 1995.

Summary:

The parties separated after eight years of marriage. The wife sought a divorce, spousal and child support and an equal division of marital property.

The New Brunswick Court of Queen's Bench, Family Division, granted the divorce, awarded spousal and child support and determined the division of marital property.

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - The husband owned substantial equity in the matrimonial home prior to his eight year marriage - The wife claimed an equal division of marital assets, submitting that she and her child (by a former marriage) had lived in the matrimonial home for eleven years and that renovations and repairs had been made to it since marriage - The husband also owned a life insurance policy for 14 years prior to the marriage - The New Brunswick Court of Queen's Bench, Family Division, held that the gross disparity in the respective contribu­tions of the spouses justified a 60% to 40% division of the value of the matrimo­nial home and the insurance policy in favour of the husband - See paragraphs 20 to 28.

Family Law - Topic 875

Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Exceptions - [See Family Law - Topic 865 ].

Family Law - Topic 880.35

Husband and wife - Marital property - Distribution orders - Particular property - Insurance - [See Family Law - Topic 865 ].

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - The parties separated after an eight year mar­riage - The 46 year old wife continued living in the marital home with her 15 year old son by a former marriage - The wife paid the telephone bill, the husband paid the other bills - The wife worked throughout the marriage and earned $23,000 per year - The 47 year old hus­band earned over $45,000 - The New Brunswick Court of Queen's Bench, Fam­ily Division, determined that the wife had been economically disadvantaged by the marriage breakdown and deserved time limited spousal support - The court ordered the husband to pay $350 per month spousal support for two years - See paragraphs 13 to 17.

Family Law - Topic 4024

Divorce - Corollary relief - Maintenance awards - To stepchildren - The parties separated after an eight year marriage - The wife lived in the marital home with her 15 year old son by a former marriage - The husband submitted that he should not be obligated to pay child support, because the boy's natural father paid $200 per month child support and because his relationship with the boy had deteriorated since the separation - The New Brunswick Court of Queen's Bench, Family Division, ordered the husband to pay $200 per month child support for two years at which time the question of support might be reviewed - See paragraphs 18 to 19.

Cases Noticed:

Linton v. Linton (1990), 42 O.A.C. 328 (C.A.), refd to. [para. 15].

McKnight v. McKnight (1990), 25 R.F.L.(3d) 171 (Ont. Dist. Ct.), refd to. [para. 15].

MacAllister v. MacAllister (1990), 101 N.B.R.(2d) 422; 254 A.P.R. 422 (Fam. Div.), refd to. [para. 15].

Gardner v. Gardner (1995), 162 N.B.R.(2d) 1; 415 A.P.R. 1 (Fam. Div.), refd to. [para. 19].

Picard v. Picard (1991), 119 N.B.R.(2d) 251; 300 A.P.R. 251 (C.A.), refd to. [para. 21].

Plourde v. Plourde (1994), 151 N.B.R.(2d) 20; 387 A.P.R. 20 (Fam. Div.), refd to. [para. 21].

Sonier v. Succession Robichaud (1993), 138 N.B.R.(2d) 261; 354 A.P.R. 261 (Fam. Div.), refd to. [para. 21].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 8(2)(b)(i) [para. 6].

Marital Property Act, S.N.B. 1980, c. M-1.1, sect. 3 [para. 23]; sect. 7 [para. 20].

Counsel:

K.A. McCurdy, for the petitioner;

T.A. Bishop, for the respondent.

This case was heard on May 25, 1995, before Graser, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Saint John, who delivered the following judgment on June 27, 1995.