M.D. v. P.D., 2014 NBCA 63

• Judge: Larlee, Richard and Bell, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: September 10, 2014
• Jurisdiction: New Brunswick
• Citations: 2014 NBCA 63;(2014), 426 N.B.R.(2d) 196 (CA)

M.D. v. P.D. (2014), 426 N.B.R.(2d) 196 (CA);

    426 R.N.-B.(2e) 196; 1110 A.P.R. 196

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Temp. Cite: [2014] N.B.R.(2d) TBEd. OC.007

Renvoi temp.: [2014] N.B.R.(2d) TBEd. OC.007

M.D. (appellant) v. P.D. (respondent)

(136-13-CA; 2014 NBCA 63)

Indexed As: M.D. v. P.D.

Répertorié: M.D. v. P.D.

New Brunswick Court of Appeal

Larlee, Richard and Bell, JJ.A.

October 16, 2014.

Summary:

Résumé:

In a divorce proceeding, both parties sought certain corollary relief.

The New Brunswick Court of Queen's Bench, Family Division, in a decision reported at (2013), 412 N.B.R.(2d) 242; 1070 A.P.R. 242, granted the divorce, and issued orders addressing, inter alia, child and spousal support. The husband appealed, raising several grounds relating to child and spousal support. The parties availed themselves of rule 62.1, the settlement conference rule. The consent order acknowledged that the trial judge committed errors of law in calculating the amounts of child and spousal support. The one remaining issue related to the duration of spousal support, which the trial judge established at 10 years.

The New Brunswick Court of Appeal allowed the appeal. Eight years of spousal support was appropriate in the circumstances.

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.

Family Law - Topic 4021.5

Divorce - Corollary relief - Maintenance awards - Support guidelines (incl. nondivorce cases) - [See Family Law - Topic 4022.1 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To spouse - Extent of obligation - In a divorce proceeding, the trial judge established the duration of spousal support payable to the wife at 10 years - The New Brunswick Court of Appeal held that eight years of spousal support was appropriate in the circumstances - The trial decision was "laden with error ... [I]t is not owed any deference." - The period of cohabitation was nine years and 10 months - The application of that factor would result, pursuant to the Spousal Support Advisory Guidelines, in a minimum of approximately five years' support and a maximum of 10 - The youngest child would finish high school after eight years of spousal support - The wife interrupted her career for approximately three years to care full-time for the children - She presently worked on a part-time basis - Her desire for economic stability until the youngest child finished high school was not unreasonable - Given the wife's age, education, employment history, career interruption during the marriage, ongoing child care responsibilities and the length of the marriage, eight years of spousal support was appropriate.

Droit de la famille - Cote 4021.5

Divorce - Mesures accessoires - Ordonnances alimentaires - Lignes directrices sur les pensions alimentaires (y compris les cas hors-divorce) - [Voir Family Law - Topic 4021.5 ].

Droit de la famille - Cote 4022.1

Divorce - Mesures accessoires - Ordonnances alimentaires - En faveur du conjoint - Étendue de l'obligation - [Voir Family Law - Topic 4022.1 ].

Counsel:

Avocats:

Terence Richard Connelly, for the appellant;

Nadine M.L. Losier, for the respondent.

This appeal was heard on September 10, 2014, before Larlee, Richard and Bell, JJ.A., of the New Brunswick Court of Appeal. The Court delivered the following judgment, and reasons for judgment, dated October 16, 2014, in both official languages.