Patrick v. Patrick, 2007 SKQB 99

• Judge: Goldenberg, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 14, 2007
• Jurisdiction: Saskatchewan
• Citations: 2007 SKQB 99;(2007), 294 Sask.R. 292 (FD)

Patrick v. Patrick (2007), 294 Sask.R. 292 (FD)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. AP.011

Cory Wade Patrick (petitioner/respondent by counterpetition) v. Louise Valerie Proulx Patrick (respondent/petitioner by counterpetition)

(2005 DIV. No. 07124; 2007 SKQB 99)

Indexed As: Patrick v. Patrick

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Prince Albert

Goldenberg, J.

March 14, 2007.

Summary:

A husband and wife separated after a three year marriage. The husband petitioned for divorce. At issue in this proceeding was the division of family property.

The Saskatchewan Court of Queen's Bench, Family Law Division, dealt with the issues accordingly.

Family Law - Topic 634

Husband and wife - Marital property - Matrimonial or family home - What constitutes - A couple began cohabiting in 1999, married in 2002 and separated in 2005 - They resided in a home on a 162 acre (65.5614 hectare) property (SE ¼-27-52-05-W3rd) - The principal asset was the family home - An issue arose as to how much of the 162 acres constituted the "family home" for purposes of a division of marital property - The Saskatchewan Court of Queen's Bench, Family Law Division, discussed the approach to be taken in this type of situation - The court noted that s. 2 of the Family Property Act defined "family home" as a "house or part of a house, including the land appurtenant to it consisting of not more than 65 hectares" - In this case, the court considered that save for .5614 hectares or 1.38 acres, SE ¼-27-52-05-W3rd constituted the "family home" - The husband would receive an adjustment for the 1.38 acres - See paragraphs 3 to 34.

Family Law - Topic 868.2

Husband and wife - Marital property - Distribution orders - Debts - A couple began cohabiting in 1999, married in 2002 and separated in 2005 - With respect to the division of property, the husband sought a credit for debts paid since separation - The Saskatchewan Court of Queen's Bench, Family Division, refused to give the husband credit for the payments because the husband had possession of and had lived in the family home since the date of separation and had paid no occupation rent, he had in his possession the bulk of the remainder of the family property since the date of separation and he refused to pay spousal or child support absent a court order - See paragraphs 93 to 101.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Particular property - Pensions - A couple began cohabiting in August 1999, married in 2002 and separated in July 2005 - The husband worked at a saw mill from 2000 until he was laid off in 2006 due to an indefinite plant shut down - The husband contributed to a pension plan while working at the plant - He was entitled at age 65 to a pension of $339.25 per month based on 5.9 years of credited service - The Saskatchewan Court of Queen's Bench, Family Division, held that the husband's pension accumulation, based on the period from August 1999 to July 2005 should be divided equally between the husband and the wife and that the wife's 50% entitlement be transferred to her at source - See paragraphs 73 to 78.

Cases Noticed:

Benson v. Benson (1994), 120 Sask.R. 17; 68 W.A.C. 17 (C.A.), refd to. [para. 19].

Crowe v. Crowe (2001), 205 Sask.R. 241; 2001 SKQB 202 (Fam. Div.), dist. [para. 20].

Guderyan v. Meyers (2006), 290 Sask.R. 280; 2006 SKQB 535 (Fam. Div.), dist. [para. 20].

Metz v. Metz (1991), 96 Sask.R. 95 (Q.B.), refd to. [para. 31].

Lisitza Estate et al. v. Van Oirschot (2003), 234 Sask.R. 1 (Q.B.), varied (2004), 241 Sask.R. 300; 313 W.A.C. 300 (C.A.), refd to. [para. 71].

Rimmer v. Adshead (2004), 259 Sask.R. 161; 2004 SKQB 536 (Fam. Div.), refd to. [para. 76].

Gaetz v. Gaetz (1996), 144 Sask.R. 268; 124 W.A.C. 268 (C.A.), refd to. [para. 90].

Counsel:

Dale N. Blenner-Hassett, for the petitioner (respondent by counterpetition), Cory Wade Patrick;

Trent E. Forsyth, for the respondent (petitioner by counterpetition), Louise Valerie Proulx Patrick.

This matter was heard before Goldenberg, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Prince Albert, who delivered the following judgment on March 14, 2007.