Lay v. Lay, (1985) 34 Man.R.(2d) 69 (QBFD)

• Judge: Bowman, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 05, 1985
• Jurisdiction: Manitoba
• Citations: (1985), 34 Man.R.(2d) 69 (QBFD)

Lay v. Lay (1985), 34 Man.R.(2d) 69 (QBFD)

MLB headnote and full text

Lay v. Lay

Indexed As: Lay v. Lay

Manitoba Court of Queen's Bench

Family Division

Bowman, J.

March 5, 1985.

Summary:

A husband brought a petition for divorce from his wife on the ground of separation since 1974. The wife claimed maintenance, notwithstanding a separation agreement in which she waived future claims.

The Manitoba Court of Queen's Bench granted the divorce and dismissed the wife's claim for maintenance.

Family Law - Topic 4006

Divorce - Corollary relief - Maintenance - Settlements and separation agreements - Effect of - A couple were married in 1951 and separated in 1974 - Under a separation agreement the wife received the proceeds from sale of the matrimonial home, which included the husband's $22,000 share - He re-established his life - She failed to obtain the professional employment she anticipated and because of that and bad management had to encroach on her settlement sum - She claimed maintenance in the divorce action in 1985 - The Manitoba Court of Queen's Bench held the wife to the separation agreement.

Cases Noticed:

Ross v. Ross (1984), 21 Man.R.(2d) 203; 39 R.F.L.(2d) 51, appld. [para. 13].

Newman v. Newman (1980), 4 Man.R.(2d) 50; 19 R.F.L.(2d) 122 (Man. C.A.), consd. [para. 16].

Katz v. Katz and Scott (1983), 21 Man.R.(2d) 1 (Man. C.A.), consd. [para. 16].

Lethbridge v. Lethbridge and Martin (1984), 28 Man.R.(2d) 105; 40 R.F.L.(2d) 170 (Man. Q.B.), consd. [para. 16].

Campbell v. Campbell (1978), 7 R.F.L.(2d) 285 (O.C.A.), consd. [para. 16].

Dragun v. Dragun (1984), 32 Man.R.(2d) 72 (Man. Q.B.), consd. [para. 16].

McMillan v. McMillan (1983), 1 O.A.C. 106 (O.C.A.), consd. [para. 16].

Farquar v. Farquar (1983), 35 R.F.L.(2d) 287 (O.C.A.), consd. [para. 16].

Joyce v. Joyce (1984), 4 O.A.C. 395 (O.C.A.), consd. [para. 16].

Oakley v. Oakley (1984), 40 R.F.L.(2d) 211 (B.C.S.C.), consd. [para. 16].

Foggo v. Foggo (1984), 40 R.F.L.(2d) 129 (O.H.C.), consd. [para. 16].

Thompson v. Thompson and Spence (1974), 16 R.F.L. 158 (Sask. Q.B.), consd. [para. 16].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 11(1)(a) [para. 12].

Counsel:

G.E. Chapman, for Mr. Lay;

W.G. Percy, for Mrs. Lay.

This case was heard before Bowman, J., of the Manitoba Court of Queen's Bench, Family Division, who delivered the following judgment on March 5, 1985: