Morrison v. Morrison, (1983) 29 Sask.R. 102 (QB)

• Judge: Carter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 28, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 29 Sask.R. 102 (QB)

Morrison v. Morrison (1983), 29 Sask.R. 102 (QB)

MLB headnote and full text

Morrison v. Morrison

(No. U.F.C. 324 A.D. 1982)

Indexed As: Morrison v. Morrison

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Carter, J.

September 28, 1983.

Summary:

A wife, who was separated from her husband, applied for a division of marital property, which consisted of a marital home and household goods.

The Saskatchewan Court of Queen's Bench ordered that title to the marital home be transferred to her and that she keep the household goods except for certain items of personal property.

Family Law - Topic 875

Marital property - Equal divisions - Exceptions - A husband and wife separated after thirty years of marriage - The wife worked as a telephone operator to support their five children - The husband had a drinking problem - After the separation the wife had custody of the youngest child - The wife applied for a division of marital property which consisted of a marital home and household goods - The Saskatchewan Court of Queen's Bench held that in the circumstances an equal division would be inequitable - Therefore, the court awarded the marital home and household goods to the wife - See paragraphs 13, 14.

Cases Noticed:

Wilson v. Wilson (1981), 10 Sask.R. 21; 19 R.F.L.(2d) 321, folld. [para. 14].

Braithwaite v. Braithwaite (1983), 27 Sask.R. 241, folld. [para. 14].

Counsel:

T.F. Koskie, for the applicant;

H. Kloppenburg, for the respondent.

This application was heard before Carter, J., of the Saskatchewan Court of Queen's Bench, who delivered the following judgment on September 28, 1983: