J.A. v. W.L.C., 2012 SKQB 363

• Judge: Dawson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 05, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 363;(2012), 404 Sask.R. 194 (FD)

J.A. v. W.L.C. (2012), 404 Sask.R. 194 (FD)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. SE.064

J.A. (petitioner) v. W.L.C. (respondent)

(2010 F.L.D. No. 192; 2012 SKQB 363)

Indexed As: J.A. v. W.L.C.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Dawson, J.

September 5, 2012.

Summary:

A and C cohabited for 7.5 years. Upon separation, A petitioned for an unequal division of the proceeds of sale of the family home under the Family Property Act and sought maintenance under the Family Maintenance Act. She also claimed damages for assault and battery.

The Saskatchewan Court of Queen's Bench, Family Division, held that the proceeds from the family home should be divided equally. However the court awarded lump sum maintenance and damages for assault and battery, to be secured against the house sale proceeds held in trust.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Damage Awards - Topic 628

Torts - Injury to the person - Assault and battery - A and C, cohabited for over 7.5 years - Near the end of their relationship, on two separate occasions, C confined A for several days and subjected her to repeated beatings - A sustained multiple injuries, including bruising all over her body, a fractured nose, broken rib, periorbital hematoma of her left eye, etc. - Each time, she was ultimately able to escape - She was forced to leave the family home as a result and suffered from depression and post traumatic stress disorder issues - She claimed damages for assault and battery - The Saskatchewan Court of Queen's Bench, Family Law Division, awarded a global figure for non-pecuniary and aggravated damages of $50,000 for both incidents - See paragraphs 46 to 64.

Damage Awards - Topic 2404

Aggravated damages - Assault - [See Damage Awards - Topic 628 ].

Damage Awards - Topic 2405

Aggravated damages - Battery - [See Damage Awards - Topic 628 ].

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - A and C separated after cohabiting for 7.5 years - C did not contribute to the purchase of the family home - Near the end of the relationship, on two separate occasions, C confined A for several days and subjected her to repeated beatings - A sought an unequal division of the family home in her favour - The Saskatchewan Court of Queen's Bench, Family Law Division, ordered an equal division - The court held that the Family Property Act was not intended to provide redress for the physical attack of one spouse on another (i.e., an assault was not an extraordinary circumstance which gave rise to an unequal division of property) - See paragraphs 65 to 72.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Particular property - Pensions - A and C separated after cohabiting for 7.5 years - A sought a share of C's pension - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the period of cohabitation as spouses was 5.5 years for purposes of the Family Property Act - Thus, A was entitled to one-half of the pension entitlement accumulated during the 5.5 years of cohabitation - The court calculated A's share of the C's monthly pension payments accordingly - See paragraphs 73 to 78.

Family Law - Topic 886

Husband and wife - Marital property - Considerations in making distribution orders - Conduct (incl. lack of disclosure) - The Saskatchewan Court of Queen's Bench, Family Law Division, referred to Belanger v. Belanger (Sask. Q.B. 1995), wherein Justice Krueger confirmed that spousal misconduct, including assault or battery, did not justify an unequal division of property - See paragraph 56.

Family Law - Topic 942

Husband and wife - Marital property - Distribution orders - Practice - Pleadings - A petitioner commenced a petition for an unequal division of family property, spousal support and damages for assault and battery - The Saskatchewan Court of Queen's Bench, Family Law Division, noted that while a claim for personal injury and damages was commenced by way of statement of claim in Saskatchewan, the court was prepared to deal with the claim for damages only because the parties agreed that the court should do so - The court stated that in doing so, it was not suggesting that it was appropriate for a party to commence a claim for personal injury damages arising out of a spousal relationship by petition - See paragraphs 46 to 49.

Family Law - Topic 2483

Maintenance of wives and children - Awards - Lump sum payments - A and C, cohabited for over seven years - Near the end of their relationship, on two separate occasions, C confined A for several days and subjected her to repeated beatings - She was forced to leave the family home as a result and suffered from depression and post traumatic stress disorder issues - A, age 65, was unemployed - C, age 60, was on a pension ($1457 per month, less A's share being $135.79) - C also had health issues - A claimed lump sum spousal support (Family Maintenance Act), citing the economic hardship which she experienced as a result of the marriage breakdown - The Saskatchewan Court of Queen's Bench, Family Law Division, held that A was entitled to spousal support of $500 per month for two years, payable as a $12,000 lump sum - See paragraphs 79 to 100.

Cases Noticed:

Belanger v. Belanger (1995), 132 Sask.R. 230 (Q.B.), refd to. [para. 56].

Megeval v. Megeval, [1997] B.C.T.C. Uned. F72 (S.C.), refd to. [para. 57].

Minet et al. v. Kossler, [2007] Yukon Cases (SC) 30; 2007 YKSC 30, refd to. [para. 58].

Wandich v. Viele, [2002] O.T.C. 2; 24 R.F.L.(5th) 427 (Sup. Ct.), refd to. [para. 59].

L.N.S. v. W.M.K. (1999), 246 A.R. 60 (Q.B.), refd to. [para. 60].

S.P. v. F.K., [1997] 3 W.W.R. 161; 150 Sask.R. 173 (Q.B.), refd to. [para. 60].

Surgeoner v. Surgeoner, [1993] O.J. No. 2940 (Gen. Div.), refd to. [para. 60].

Pelletier v. Forbes (2010), 294 N.S.R.(2d) 168; 933 A.P.R. 168; 2010 NSSC 309, refd to. [para. 61].

Dhaliwal v. Dhaliwal, [1997] O.J. No. 5964 (C.J.), refd to. [para. 62].

Barnes v. Terris (2002), 203 N.S.R.(2d) 385; 635 A.P.R. 385; 2002 NSSC 99, refd to. [para. 63].

Penteluk v. Penteluk Estate (1992), 100 Sask.R. 178; 18 W.A.C. 178; 39 R.F.L.(3d) 321 (C.A.), refd to. [para. 68].

D.B. v. J.A.B. (2002), 226 Sask.R. 161; 2002 SKQB 469 (Fam. Div.), refd to. [para. 76].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 82].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211, refd to. [para. 82].

Leskun v. Leskun, [2006] 1 S.C.R. 920; 349 N.R. 158; 226 B.C.A.C. 1; 373 W.A.C. 1; 2006 SCC 25, refd to. [para. 89].

Rezansoff v. Rezansoff (2007), 291 Sask.R. 139; 2007 SKQB 32 (Fam. Div.), refd to. [para. 91].

Authors and Works Noticed:

Rogerson, Carol, and Thompson, Rollie, Spousal Support Advisory Guidelines (2008), generally [para. 95].

Counsel:

Charlene M. Richmond, for the petitioner;

W.L.C., appearing on his own behalf.

This case was heard before Dawson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on September 5, 2012.