Kostyna v. Kostyna, (1979) 5 Sask.R. 185 (CA)

• Judge: Culliton, C.J.S., Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 14, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 5 Sask.R. 185 (CA)

Kostyna v. Kostyna (1979), 5 Sask.R. 185 (CA)

MLB headnote and full text

Kostyna v. Kostyna

(6991)

Indexed As: Kostyna v. Kostyna

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Bayda, JJ.A.

February 14, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments or lump sum award - A husband and wife agreed to periodic payments of $600.00 per month when the decree nisi issued - Pursuant to an order under the Married Women's Property Act, made when the decree nisi issued, the husband transferred $174,250.00 to the wife - The lump sum earned income of approximately $1,300.00 per month - The husband applied for a reduction of the $600.00 per month periodic payments and the trial judge reduced the amount to $1.00 per year - The wife appealed - The Saskatchewan Court of Appeal dismissed the appeal, because the wife's financial circumstances at the time the decree nisi issued changed materially when the husband transferred the lump sum to her.

Cases Noticed:

Fenn v. Fenn (1973), 13 R.F.L. 121, refd to. [para. 13].

Counsel:

Gerald P. Wanhella, for the appellant;

David W. Beaubier, for the respondent.

This case was heard on February 14, 1979, by CULLITON, C.J.S., BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

On February 14, 1979, CULLITON, C.J.S., delivered the following oral judgment for the Court of Appeal.