Lamontagne v. Klyne, (1994) 93 Man.R.(2d) 79 (QBFD)

• Judge: Carr, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 10, 1994
• Jurisdiction: Manitoba
• Citations: (1994), 93 Man.R.(2d) 79 (QBFD)

Lamontagne v. Klyne (1994), 93 Man.R.(2d) 79 (QBFD)

MLB headnote and full text

James Wilfred Joseph Lamontagne (petitioner) v. Carole Ann Klyne (respondent)

(Suit No. 93-04-02-97)

Indexed As: Lamontagne v. Klyne

Manitoba Court of Queen's Bench

Family Division

The Pas Centre

Carr, J.

January 10, 1994.

Summary:

A wife applied under s. 8(2) of the Family Maintenance Act for a penalty against the husband for failing to comply with court orders requiring disclosure.

The Manitoba Court of Queen's Bench, Family Division, imposed a penalty of $500.

Family Law - Topic 2445

Maintenance of wives and children - Evidence - Financial disclosure by spouse - A wife applied for interlocutory relief, including child support and financial dis­closure - The husband did not disclose his finances and the child support issue had to be adjourned - The wife applied under s. 8(2) of the Family Maintenance Act for a penalty against the husband for failing to comply with the court orders requiring disclosure - The Manitoba Court of Queen's Bench, Family Division, imposed a $500 penalty where the husband was aware of his obligation with respect to disclosure and had contravened prior orders for disclosure.

Statutes Noticed:

Family Maintenance Act, R.S.M. 1987, c. F-20; C.C.S.M., c. F-20, sect. 8(2) [para. 4].

Counsel:

No representation for the petitioner;

Wendy Post, for the respondent.

This matter was heard before Carr, J., of the Manitoba Court of Queen's Bench, Fam­ily Division, who delivered the following judgment on January 10, 1994.