Nason v. Wheaton, (1978) 32 N.B.R.(2d) 30 (PC)

JudgeOgilvie, J.
CourtProvincial Court of New Brunswick (Canada)
Case DateAugust 21, 1978
JurisdictionNew Brunswick
Citations(1978), 32 N.B.R.(2d) 30 (PC)

Nason v. Wheaton (1978), 32 N.B.R.(2d) 30 (PC);

    32 R.N.-B.(2e) 30; 78 A.P.R. 30

MLB headnote and full text

Sommaire et texte intégral

Nason v. Wheaton

Indexed As: Nason v. Wheaton

Répertorié: Nason v. Wheaton

New Brunswick Provincial Court

Ogilvie, J.

August 21, 1978.



This headnote contains no summary.

Family Law - Topic 2244

Maintenance of wives and children - Jurisdiction of a New Brunswick Provincial Court following divorce proceedings in Supreme Court - A mother had been receiving money pursuant to a child support order of the Provincial Court - The parties agreed upon a lower sum of maintenance than that provided by the order, which was to be requested at divorce proceedings - At the hearing, the trial judge questioned the mother concerning amount of maintenance but no order was made in the divorce decree - The father regularly paid the agreed amount of child support after the divorce - The mother then brought an application in the Provincial Court for an order to contribute under the Deserted Wives and Children Maintenance Act, R.S.N.B. 1973, c. D-8 - The New Brunswick Provincial Court stated that it did not have jurisdiction to deal with the mother's petition - The Court stated that the appropriate Provincial Court judge has jurisdiction to deal with custody and maintenance as to children until the Supreme Court exercises its jurisdiction under the Divorce Act - The court held that, although the Supreme Court judge made no award, the matter of maintenance of the child had been considered at the divorce proceedings - See paragraphs 9 to 15.

Cases Noticed:

Gillespie v. Gillespie (1973), 6 N.B.R.(2d) 227, appld. [para. 9].

Toole v. Toole, 27 R.F.L. 63, appld. [para. 10].

Statutes Noticed:

Deserted Wives and Children Maintenance Act, R.S.N.B. 1973, c. D-8.


Ruth Mix, for the petitioner;

Francis E. Atkinson, Q.C., George A. Lane and Sherron J.L. Hughes, for the respondent.

This case was heard before OGILVIE, J., of the New Brunswick Provincial Court, County of York.

The decision of OGILVIE, J., was delivered on August 21, 1978.

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