Nicholas v. Nicholas, (1988) 70 Sask.R. 241 (QB)

• Judge: Gagne, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 21, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 70 Sask.R. 241 (QB)

Nicholas v. Nicholas (1988), 70 Sask.R. 241 (QB)

MLB headnote and full text

Dianna May Nicholas v. Philip Martin Nicholas

(No. 1087)

Indexed As: Nicholas v. Nicholas

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gagne, J.

September 21, 1988.

Summary:

A divorced wife applied to determine the issue of maintenance.

The Saskatchewan Court of Queen's Bench awarded the wife lump sum maintenance.

Family Law - Topic 4011

Divorce - Corollary relief - Maintenance awards - Lump sum - A husband and wife were divorced after 21 years of marriage and three children - The wife never worked outside of the home and was untrained - She was in poor mental and physical health and was un employed and currently unemployable - She began a common law relationship upon separation which still continued - The husband was ordered to pay a sum of $300.00 per month interim maintenance - The Saskatchewan Court of Queen's Bench made a final order that the husband pay her a $3,600.00 lump sum with no periodic maintenance.

Family Law - Topic 4030

Divorce - Corollary relief - Maintenance awards - Effect of contribution or conduct or relationships of claimant - Common law relationship - The Saskatchewan Court of Queen's Bench held that a wife's common law relationship was not an absolute bar to maintenance, but was a factor to be taken into account - To be considered were the length of the common law relationship, the earnings of the common law husband and whether he was contributing to her support - See paragraphs 7 to 23.

Cases Noticed:

Ewart v. Ewart (1979), 10 R.F.L.(2d) 73 (Ont. C.A.), folld. [para. 9].

Parsons v. Parsons (1986), 48 R.F.L.(2d) 98 (B.C.S.C.), folld. [para. 9].

Horlock v. Horlock (1985), 42 R.F.L.(2d) 164 (Ont. C.A.), folld. [para. 9].

Aubin v. Aubin (1985), 44 R.F.L.(2d) 37 (Ont. S.C.), folld. [para. 9].

Caron v. Caron, [1987] 1 S.C.R. 892; 75 N.R. 36; 2 Y.R. 246; 7 R.F.L.(3d) 274, consd. [para. 10].

Lowe v. Lowe (1975), 20 R.F.L. 216, consd. [para. 10].

Carmichael v. Carmichael (1985), 46 R.F.L.(2d) 121 (B.C.S.C.), consd. [para. 10].

Barnard v. Barnard (1983), 30 R.F.L.(2d) 337 (Ont. C.A.), consd. [para. 10].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 15(5), sect. 15(6), sect. 15(7) [para. 24].

Counsel:

Cathy Ring, for applicant;

Merri-Ellen Wright, for respondent.

This case was heard at Saskatoon, Saskatchewan, before Gagne, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on September 21, 1988: