Pennock v. Pennock, [2000] O.T.C. 947 (SupCt)

• Judge: Belch, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: December 07, 1998
• Jurisdiction: Ontario
• Citations: [2000] O.T.C. 947 (SupCt)

Pennock v. Pennock, [2000] O.T.C. 947 (SupCt)

MLB headnote and full text

Temp. Cite: [2000] O.T.C. TBEd. FE.083

Darlene Lloydette Pennock (petitioner) v. Garry George Pennock (respondent)

(No. 10787/96)

Indexed As: Pennock v. Pennock

Court of Ontario

Superior Court of Justice

Belleville

Belch, J.

January 28, 2000.

Summary:

The wife petitioned for a divorce. Neither party sought future child support. The wife sought retroactive child support. The husband claimed spousal support. Property was the primary source of contention including ownership and possession of assets, valuation, extent of outstanding debts, equalization, cash advances and finally, the satisfaction of the equalization. Establishing the value of the wife's pension, required a finding about her retirement date. The wife, a teacher, was aged 53 at the time of the judgment.

The Ontario Superior Court declined to order retroactive child support and spousal support. The court valued the property and made findings respecting ownership, debts to third persons and amounts the parties owed each other. The court found that the wife intended to retire at age 60 and that the correct "apportionment standard" for the wife's pension was that of pro rata. The court ordered that the wife pay the husband an equalization payment of $99,531.50. After taking into account the amounts that the parties owed each other, the court ordered the wife to pay the husband $74,732.

Family Law - Topic 868.3

Husband and wife - Marital property - Distribution orders - Equalization payments - See paragraphs 21 to 56.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Particular property - Pensions - See paragraphs 21 to 56.

Cases Noticed:

Best v. Best (1997), 103 O.A.C. 344; 35 O.R.(3d) 577 (C.A.), consd. [para. 32].

Kennedy v. Kennedy (1996), 89 O.A.C. 257; 19 R.F.L.(4th) 454 (C.A.), refd to. [para. 33].

Best v. Best (1999), 242 N.R. 1; 123 O.A.C. 1; 174 D.L.R.(4th) 235; 49 R.F.L.(4th) 1 (S.C.C.), consd. [para. 45].

Counsel:

Alan F.N. Poole, Q.C., for the petitioner;

R. Steven Baldwin, for the respondent.

This petition was heard on December 7, 1998 (reserved pending the Supreme Court of Canada's decision in Best v. Best, written submissions made in November 1999) by Belch, J., of the Ontario Superior Court, who released the following decision on January 28, 2000.

Please note: The following judgment has not been edited.