Marks v. Marks, (1982) 17 Man.R.(2d) 209 (QB)

• Judge: Hamilton, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 29, 1982
• Jurisdiction: Manitoba
• Citations: (1982), 17 Man.R.(2d) 209 (QB)

Marks v. Marks (1982), 17 Man.R.(2d) 209 (QB)

MLB headnote and full text

Marks v. Marks

(Suit No. 74/79)

Indexed As: Marks v. Marks

Manitoba Court of Queen's Bench

Hamilton, J.

July 29, 1982.

Summary:

A wife applied for maintenance under the Family Maintenance Act and an equal property division under the Marital Property Act.

The Manitoba Court of Queen's Bench awarded the wife lump sum maintenance, made an equal property division of the increased value of the family assets and an unequal property division of the increased value of the commercial assets.

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - The Manitoba Court of Queen's Bench discussed what part of a farm is to be included as part of the matrimonial home - See paragraphs 21 to 25 - The court made an equal division of the increased value of the home since the marriage - See paragraph 26.

Family Law - Topic 873

Husband and wife - Marital property - Distribution orders - Bars - Unfair and inequitable - The Manitoba Court of Queen's Bench stated that the time to decide whether it would be inequitable to make an equal property division is at the time of trial - See paragraph 31.

Family Law - Topic 877

Husband and wife - Marital property - Distribution orders - Commercial assets - A wife and husband, aged 61 and 60 respectively, cohabited for approximately eight years - The Manitoba Court of Queen's Bench held that the farmland, buildings and livestock, except for the marital home, were commercial assets - The court made an unequal (25/75) division, of the increased value of the commercial assets since marriage, in the husband's favour, because the wife did not share in the responsibilities and obligations of the marriage, did not contribute to the commercial assets and because she left the home for eight months during cohabitation - See paragraphs 49 and 50.

Family Law - Topic 883

Husband and wife - Distribution orders - Considerations - Contributions of parties - The Manitoba Court of Queen's Bench discussed whether a spouse's lack of contribution to family and commercial assets should be considered in making an unequal property division in the other spouse's favour - See paragraphs 27 to 50.

Family Law - Topic 888

Husband and wife - Marital property - Distribution orders - Considerations - Valuation - The Manitoba Court of Queen's Bench, in making a property division based on the increased value of assets since the marriage, deducted the value of other assets which depreciated since the marriage - The court stated that the time to value assets is the day of separation - See paragraphs 11 to 14 and 31.

Family Law - Topic 2483

Maintenance of wives and children - Awards - Lump sum - A husband and wife, aged 60 and 61 respectively, cohabited for approximately eight years - The wife did not take steps to become gainfully employed after she left the husband; although she did earn $100.00 per month babysitting - The husband's income was approximately $12,000.00 per year - The wife received $14,316.50 under the Marital Property Act - The Manitoba Court of Queen's Bench awarded the wife a lump sum of $5,000.00 - See paragraphs 51 to 59.

Cases Noticed:

Ling v. Ling (1981), 17 R.F.L.(2d) 62, consd. [para. 22].

Youngblut v. Youngblut (1979), 11 R.F.L.(2d) 249, consd. [para. 23].

Bains v. Bains (1980), 2 Sask.R. 384; 17 R.F.L.(2d) 193 (Sask.), consd. [para. 24].

Johnson v. Johnson (1981), 22 R.F.L.(2d) 262 (Sask.), consd. [para. 24].

Smith v. Smith, [1980] 6 W.W.R. 289; 3 Man.R.(2d) 206, refd to. [para. 37].

Brodoway v. Brodoway (1982), 15 Man.R.(2d) 366, consd. [para. 38].

Gifford v. Gifford (1981), 8 Man.R.(2d) 437, consd. [para. 40].

Kozak v. Kozak, [1981] 4 W.W.R. 447; 10 Man.R.(2d) 435, consd. [para. 42].

Statutes Noticed:

Family Maintenance Act, S.M. 1978, c. 25; C.C.S.M. c. F-20, sect. 2(1), sect. 2(2), sect. 4 [para. 54]; sect. 5(1) [para. 55].

Marital Property Act, S.M. 1978, c. 24; C.C.S.M., c. M-45, sect. 1(b) [para. 21]; sect. 1(d) [para. 19]; sect. 1(e) [para. 21]; sect. 4(1) [para. 6]; sect. 4(3) [para. 7]; sect. 13(2) [para. 29].

Counsel:

J.L. Sinclair, for applicant;

M.H. Schwartzwald, for respondent.

This case was heard by HAMILTON, J., of the Manitoba Court of Queen's Bench, who on July 29, 1982, delivered the following decision.