Ivanochko v. Ivanochko, (1994) 119 Sask.R. 113 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 06, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 119 Sask.R. 113 (QB)

Ivanochko v. Ivanochko (1994), 119 Sask.R. 113 (QB)

MLB headnote and full text

Jeanette Marie Ivanochko (petitioner/respondent by counter-petition) v. Myron Henry Ivanochko (respondent/petitioner by counter-petition)

(Q.B. No. 013264)

Indexed As: Ivanochko v. Ivanochko

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

May 6, 1994.

Summary:

The parties separated after 23 years of marriage. An application for the distribution of matrimonial property was filed. The husband, who owed in excess of $349,000, argued that his debts must be taken into account by the court in making any order for the distribution of matrimonial property.

The Saskatchewan Court of Queen's Bench rejected the husband's argument and divided the matrimonial property equally. A $56,763 judgment in favour of the wife was secured by a charging order against the matrimonial home.

Family Law - Topic 868.2

Husband and wife - Marital property - Distribution orders - Debts - Spouses separated after 23 years of marriage - An application for the distribution of matri­monial property was filed - The wife had declared bankruptcy and been discharged - The husband, who owed in excess of $349,000, argued that his debts must be taken into account by the court in making any order for the distribution of matrimo­nial property - The Saskatchewan Court of Queen's Bench rejected the husband's argument and divided the matrimonial property equally - A $56,763 judgment in favour of the wife was secured by a charging order against the matrimonial home.

Family Law - Topic 891

Husband and wife - Liability for spouse's debts - General - [See Family Law - Topic 868.2 ].

Cases Noticed:

Miller v. Miller, [1992] Sask.D. 1645-02; 102 Sask.R. 161 (Q.B.), consd. [para. 13].

Novokowsky v. Williams (1986), 53 Sask.R. 148 (Q.B.), consd. [para. 24].

Gardiner v. Gardiner (1987), 54 Sask.R. 246 (Q.B.), consd. [para. 27].

Boe v. Boe (1988), 63 Sask.R. 173 (C.A.), consd. [para. 32].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 2(1) [para. 12]; sect. 23(6) [para. 22].

Counsel:

Garry D. Johnson, for the petitioner/ res­pondent by counter-petition;

Charlene Richmond, for the respondent/ petitioner by counter-petition.

This case was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on May 6, 1994.