Pattison v. Pattison, (1977) 3 A.R. 244 (TD)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 15, 1977
• Citations: (1977), 3 A.R. 244 (TD)

Pattison v. Pattison (1977), 3 A.R. 244 (TD)

MLB headnote and full text

Pattison v. Pattison

Indexed As: Pattison v. Pattison

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Moshansky, J.

March 15, 1977.

Summary:

This headnote contains no summary.

Family Law - Topic 3650

Divorce - Cruelty - Divorce Act, s. 3(d) - What constitutes cruelty - A husband and wife were married in 1966 - The wife refused to move from Mission, British Columbia to Port Alice, British Columbia, where the husband was employed as a truck driver - In 1974, the husband moved to Calgary, Alberta and again the wife refused to move from Mission, British Columbia to live with the husband in Calgary - The trial court stated that the wife subjected the husband to severe anguish and stress resulting in the impairment of the husband's health - The Alberta Supreme Court, Trial Division, granted the husband a divorce on the grounds of mental cruelty.

Family Law - Topic 4012

Divorce - Corollary relief - Maintenance - Both lump sum and periodic payments - A husband had an income of $1,170.00 per month after taxes - The Alberta Supreme Court ordered the husband to pay $150.00 per month for the support of his former wife - In addition, the Alberta Supreme Court, Trial Division, awarded the wife a lump sum equal to the value of the matrimonial home.

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 3(d), sect. 9(1)(c).

Counsel:

M.B. Livergant, for the petitioner;

B.E. Romaine, for the respondent.

The judgment of the Alberta Supreme Court, Trial Division was delivered orally by MOSHANSKY, J., at Calgary, Alberta, on March 15, 1977.