Morrell v. Morrell, (1981) 15 Sask.R. 307 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 10, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 15 Sask.R. 307 (QB)

Morrell v. Morrell (1981), 15 Sask.R. 307 (QB)

MLB headnote and full text

Morrell v. Morrell

(U.F.C. 172 of 1980)

Indexed As: Morrell v. Morrell

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Dickson, J.

September 10, 1981

Summary:

A wife applied for a division of matrimonial property under the Matrimonial Property Act, S.S. 1979, c. M-6.1.

The Saskatchewan Court of Queen's Bench allowed the application and made a distribution order.

Family Law - Topic 886

Husband and wife - Marital property - Considerations in making distribution orders - Conduct - The Saskatchewan Court of Queen's Bench stated that the fact that one spouse disposed of matrimonial property for his or her exclusive benefit (so that the property did not exist at the time of the application or hearing) might influence a court that equal distribution of existing property was unfair - See paragraph 3.

Family Law - Topic 868

Husband and wife - Marital property - Distribution orders - Property subject to distribution - The Saskatchewan Court of Queen's Bench held that a husband's pension fund was a shareable matrimonial asset - See paragraph 7.

Family Law - Topic 875

Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Exception - Since cohabitation ceased, a wife made no contribution towards the earning of her husband's pension - The Saskatchewan Court of Queen's Bench held that it was unfair to order equal distribution of the benefits payable under his pension fund - The court ordered that the wife had an undivided one-half interest as a tenant-in-common in the value of the pension fund as of the date cohabitation ceased - See paragraphs 7 to 10.

Cases Noticed:

Zakreski v. Zakreski (1981), 10 Sask.R. 1; 21 R.F.L.(2d) 153, appld. [para. 7].

Rutherford v. Rutherford, 14 R.F.L.(2d) 41; [1980] 2 W.W.R. 330; addendum [1980] 6 W.W.R. 206; 18 R.F.L.(2d) 345; 22 B.C.L.R. 243 (S.C.), appld. [para. 9].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 21(2) [para. 9].

Counsel:

E. Sonnenschein, for the applicant;

R. Burlingham, for the respondent.

This application was heard before DICKSON, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon. The decision of DICKSON, J., was delivered at Saskatoon, Saskatchewan, on September 10, 1981.