Maroudis v. Agioritis, (1996) 142 Sask.R. 297 (FD)

• Judge: Maurice, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 16, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 142 Sask.R. 297 (FD)

Maroudis v. Agioritis (1996), 142 Sask.R. 297 (FD)

MLB headnote and full text

Sophia Maroudis, formerly known as Sophia Agioritis (petitioner) v. Evagelos Agioritis, also known as Von Agioritis (respondent)

(Q.B. No. 014504)

Indexed As: Maroudis v. Agioritis

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Maurice, J.

April 16, 1996.

Summary:

The parties divorced but the issue of divi­sion of the matrimonial property had not been resolved.

The Saskatchewan Court of Queen's Bench, Family Law Division, resolved the issue accordingly. The court held that the husband was entitled to certain exemptions. After taking the exemptions into account, the court ordered the husband to pay the wife $301,869.47 and to transfer one-half of his R.R.S.P. to her.

Family Law - Topic 875

Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Exceptions - The husband claimed that an equal distribution of mat­rimonial property would be unfair and inequitable - The husband owned busi­nesses for which the wife allegedly "did very little to enhance" while he and his family worked long hours - The hus­band also alleged that the considerable value of the property available for dis­tribution was directly related to property he owned prior to the marriage - Included in the property available for distribution was a large unso­licited offer for shares the husband owned - The Saskatchewan Court of Queen's Bench, Family Law Division, rejected the husband's claim - See para­graphs 23 to 25.

Family Law - Topic 880.1

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Pre-marriage acqui­sitions - The wife suggested that it would be unfair and inequitable to grant the husband any exemptions where certain of her premar­ital assets were used up during the course of the marriage and his were not - The wife had cashed in a G.I.C. - The Saskatchewan Court of Queen's Bench, Family Law Division, rejected the wife's suggestion - The court held that "it was her choice to cash in the G.I.C. and use it as she did, and she cannot now complain" - See para­graph 22.

Family Law - Topic 880.12

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Post-marital exchange of pre-marital exempt assets - The husband was a busi­nessman - He suggested that "he owned matrimonial property at the date of the marriage and was able to trace this prop­erty into matrimonial property in existence at the date of the application" for division of the matrimonial property - The Saskatchewan Court of Queen's Bench, Family Law Division, held that there existed cogent evidence to trace the fol­lowing items: life insurance policies, money owing to the husband by corpor­ations, cash in bank accounts that became money owing to the husband by corpor­ations, shares in corporations and an R.R.S.P. - The court allowed the husband to claim exemptions worth $441,208.71 - See paragraphs 13 to 21.

Family Law - Topic 880.18

Husband and wife - Marital property - Distribution orders - Tracing - [See Fam­ily Law - Topic 880.12 ].

Cases Noticed:

Deyelle v. Deyelle (1991), 90 Sask.R. 81 (C.A.), refd to. [para. 13].

Tanouye v. Tanouye (1994), 128 Sask.R. 48; 85 W.A.C. 48; 121 D.L.R.(4th) 315 (C.A.), refd to. [para. 13].

Counsel:

Brian Banilevic, for the petitioner;

Ian D. McKay and Kenneth J. Brodt, for the respondent.

This application was heard by Maurice, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the follow­ing decision on April 16, 1996.