Hommel v. Hommel, (1985) 71 N.S.R.(2d) 85 (TD)

• Judge: Nathanson, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 09, 1985
• Jurisdiction: Nova Scotia
• Citations: (1985), 71 N.S.R.(2d) 85 (TD)

Hommel v. Hommel (1985), 71 N.S.R.(2d) 85 (TD);

    171 A.P.R. 85

MLB headnote and full text

Hommel v. Hommel

(1984 No. 1201-31117)

Indexed As: Hommel v. Hommel

Nova Scotia Supreme Court

Trial Division

Nathanson, J.

December 9, 1985.

Summary:

A wife applied, inter alia, for a divorce and for maintenance for herself and three children. The Nova Scotia Supreme Court, Trial Division, granted the divorce and awarded maintenance.

Civil Rights - Topic 1064

Discrimination - By sex - Application of Charter - Family law - Divorce - Maintenance - A husband and wife were divorced - The wife had custody of their three children and one child who was fathered by another man - She applied for maintenance under the Divorce Act - The husband argued that he was being discriminated against because of sex contrary to s. 15(1) of the Charter because if he acted outside his marriage so as to cause the birth of a child, the courts would not consider the resulting added financial burden when ordering him to pay maintenance for his wife and children; yet the birth of an illegitimate child to his wife was seen as adding to her burden, as prolonging his obligation to support her and as delaying the time when she must contribute equally to the support of the children - The Nova Scotia Supreme Court, Trial Division, rejected this submission - See paragraph 28.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance awards - Periodic payments - A husband and wife were divorced - The wife had custody of their three children - The husband had income of $44,455.00 in the 1985-86 school year - The wife did not work but took a secretarial course part-time - The Nova Scotia Supreme Court, Trial Division, awarded maintenance of $575.00 every two weeks for the support of the wife and children - See paragraph 33.

Family Law - Topic 4011

Divorce - Corollary relief - Maintenance awards - Lump sum - The Nova Scotia Supreme Court, Trial Division, awarded a wife $800.00 lump sum maintenance to enable her to finish a secretarial course which would help her find employment - See paragraph 21.

Cases Noticed:

Hemming v. Hemming (1983), 58 N.S.R.(2d) 65; 123 A.P.R. 65, folld. [para. 21].

Soper v. Soper (1985), 67 N.S.R.(2d) 49; 155 A.P.R. 49 (C.A.), folld. [para. 26].

Messier v. Delage, [1983] 2 S.C.R. 401; 50 N.R. 16; 35 R.F.L.(2d) 237 (S.C.C.), folld. [para. 32].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 15(1) [para. 28].

Divorce Act, R.S.C. 1970, c. D-8, sect. 11(1) [para. 29].

Matrimonial Property Act, S.N.S. 1980, c. 9, sect. 4(1)(d) [para. 12].

Counsel:

S.B. Faught, for the petitioner;

R.A. Murtha, for the respondent.

This application was heard on November 6, 7 and 12, 1985, before Nathanson, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following decision on December 9, 1985: