Loates v. Loates, (2001) 289 A.R. 278 (QB)

• Judge: Murray, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 13, 2000
• Citations: (2001), 289 A.R. 278 (QB)

Loates v. Loates (2001), 289 A.R. 278 (QB)

MLB headnote and full text

Temp. Cite: [2001] A.R. TBEd. FE.072

Douglas Robert Loates (petitioner) v. Jean Frances Loates (respondent)

(Action No. 4803-104105)

Indexed As: Loates v. Loates

Alberta Court of Queen's Bench

Judicial District of Edmonton

Murray, J.

February 14, 2001.

Summary:

In 1999, a judge granted a divorce judgment to the petitioner husband and ordered joint custody of the two children of the marriage with principal residence with the husband. The issues of child and spousal support were reserved. A hearing was held on those issues as well as the issue of division of matrimonial property.

The Alberta Court of Queen's Bench ordered an equal division of matrimonial property and debts (see paragraphs 15 to 27). The court awarded the wife lump sum spousal support and declined to award child support.

Editor's Note: See also 254 A.R. 311 and 264 A.R. 287.

Family Law - Topic 3997

Divorce - Corollary relief - General - Obligation to achieve financial independence - [See Family Law - Topic 4011 ].

Family Law - Topic 4011

Divorce - Corollary relief - Maintenance awards - Lump sum - The wife claimed spousal support - The marriage lasted 17 years - The relationship was poor - The wife had "serious emotional problems" - The wife upgraded her education - The husband did not upgrade his and feared for his job - After separation, the two children of the marriage lived with the husband, who assumed all financial responsibility - One child needed psychological treatment -The wife's behaviour aggravated this situation as well as the husband's job-related problems - The husband was the breadwinner during the relationship but now the wife had to fend for herself - She "fortunately" had many of the tools to do this successfully, having upgraded her education and being employed - She had reached a position of self-sufficiency - The Alberta Court of Queen's Bench ordered that the husband pay the wife a $20,000 lump sum for spousal support, payable over five years by equal monthly payments - The court made no award for child support payable by the wife since it had taken that into account in arriving at the award of spousal support - See paragraphs 28 to 57.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children and children defined - [See Family Law - Topic 4011 ].

Family Law - Topic 4021.1

Divorce - Corollary relief - Maintenance awards - Considerations - Financial consequences of child care and household responsibilities - [See Family Law - Topic 4011 ].

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - [See Family Law - Topic 4011 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To spouse - Extent of obligation -[See Family Law - Topic 4011 ].

Cases Noticed:

Mazurenko v. Mazurenko (1981), 30 A.R. 34; 23 R.F.L.(2d) 113 (C.A.), refd to. [para. 15].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161; [1993] 1 W.W.R. 481; 99 D.L.R.(4th) 456; 43 R.F.L.(3d) 345, consd. [para. 31].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211; 44 R.F.L.(4th) 1, consd. [para. 35].

Elliot v. Elliot (1993), 65 O.A.C. 241; 48 R.F.L.(3d) 237 (C.A.), leave to appeal refused (1994), 175 N.R. 324; 74 O.A.C. 159; 3 R.F.L.(4th) 290, refd to. [para. 56].

Robinson v. Robinson (1993), 66 O.A.C. 381; 48 R.F.L.(3d) 265 (C.A.), refd to. [para. 56].

Ross v. Ross (1995), 168 N.B.R.(2d) 147; 430 A.P.R. 147; 16 R.F.L.(4th) 1 (C.A.), refd to. [para. 56].

Liedtke v. Liedtke (1999), 1 R.F.L.(5th) 379 (B.C.C.A.), refd to. [para. 56].

Row v. Row (1991), 123 A.R. 324; 35 R.F.L.(3d) 237 (Q.B.), refd to. [para. 56].

Brand v. Brand (1996), 186 A.R. 205 (Q.B.), refd to. [para. 56].

Timms v. Timms (1997), 204 A.R. 398 (Q.B.), refd to. [para. 56].

Myers v. Myers (1995), 65 B.C.A.C. 226; 106 W.A.C. 226; 17 R.F.L.(4th) 298 (C.A.), refd to. [para. 56].

Savoie v. Savoie (1999), 138 Man.R.(2d) 128; 202 W.A.C. 128; 49 R.F.L.(4th) 336 (C.A.), refd to. [para. 56].

Heinemann v. Heinemann (1989), 91 N.S.R.(2d) 136; 233 A.P.R. 136; 20 R.F.L.(3d) 236; 60 D.L.R.(4th) 648 (C.A.), refd to. [para. 56].

Lake v. Lake (1997), 210 A.R. 358 (Q.B.), refd to. [para. 56].

Waterman v. Waterman (1995), 133 Nfld. & P.E.I.R. 310; 413 A.P.R. 310; 16 R.F.L.(4th) 10 (Nfld. C.A.), refd to. [para. 56].

Moura v. Moura (1998), 83 O.T.C. 321; 43 R.F.L.(4th) 345 (Gen. Div.), refd to. [para. 56].

Kloos v. Kloos (1996), 110 Man.R.(2d) 129; 118 W.A.C. 129; 20 R.F.L.(4th) 1 (C.A.), refd to. [para. 56].

Wooldridge v. Wooldridge (1999), 237 A.R. 64; 197 W.A.C. 64; 45 R.F.L.(4th) 308 (C.A.), refd to. [para. 56].

Kent v. Frolick (1996), 23 R.F.L.(4th) 1 (Ont. C.A.), refd to. [para. 56].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15.2 [para. 30].

Counsel:

Christine D. Davies, Q.C., succeeded by L.J. Pollock, Q.C., for the petitioner;

R.M.R. Cochard, for the respondent.

Murray, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, heard this action on June 13, 2000, and delivered the following decision on February 14, 2001.