Publicover v. Publicover, (1989) 92 N.S.R.(2d) 432 (FC)

Case Date:June 01, 1989
Jurisdiction:Nova Scotia
Citations:(1989), 92 N.S.R.(2d) 432 (FC)
 
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Publicover v. Publicover (1989), 92 N.S.R.(2d) 432 (FC);

    237 A.P.R. 432

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Beryl Maxine Publicover (petitioner) v. James Eli Publicover (respondent)

(S. H. No. 1201-35049 File No. DM 001907)

Indexed As: Publicover v. Publicover (No. 2)

Nova Scotia Family Court

Williams, J.F.C.

July 21, 1989.

Summary:

A husband and wife divorced in 1986 after 14 years' marriage. Pursuant to minutes of settlement incorporated into the decree nisi, the husband agreed to pay $1,300.00 per month maintenance for the wife and remaining dependent child of the marriage. The husband applied under s. 17 of the Divorce Act for an order apportioning maintenance between the wife and child and for an order terminating his maintenance obligation to the wife after three months. The wife applied for an increase in maintenance.

The Nova Scotia Family Court, in a judgment reported 81 N.S.R.(2d) 91; 203 A.P.R. 91, recommended that both the husband's and wife's applications be dismissed. The court further recommended that the husband pay one-half the cost of computer programs to be taken by the wife to enhance her employability and promote self-sufficiency. Two years later the husband applied again to reduce maintenance. The wife applied to increase maintenance primarily to fund the spouses' child's enrollment in private school.

The Nova Scotia Family Court recommended dismissal of the husband's application and allowance of the wife's application.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - A husband applied under s. 17(4) of the Divorce Act to terminate his obligation to pay monthly maintenance to his wife after three months - The application was dismissed - Two years later both the husband and wife sought to vary maintenance - The Nova Scotia Family Court recommended that the husband's application be dismissed and the wife's application be allowed - The wife complied with court directions respecting self-sufficiency, but was still in need of maintenance as she was a traditional wife still restricted by the marriage - Maintenance was increased to cover the cost of enrollment of the spouses' daughter in private school.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To wife - Extent of obligation - [See Family Law - Topic 4017 above].

Cases Noticed:

Publicover v. Publicover (1987), 9 R.F.L.(3d) 308; 81 N.S.R.(2d) 91; 203 A.P.R. 91, refd to. [para. 4].

Pelech v. Pelech, [1987] 1 S.C.R. 801; [1987] 4 W.W.R. 481; 76 N.R. 81; 7 R.F.L.(3d) 225, refd to. [para. 7].

Heinemann v. Heinemann (1989), 91 N.S.R.(2d) 136; 233 A.P.R. 136 (C.A.), refd to. [para. 33].

Brockie v. Brockie (1987), 46 Man.R.(2d) 33; 5 R.F.L.(3d) 440, refd to. [para. 38].

MacKinnon v. MacKinnon (1988), 84 N.S.R.(2d) 363; 213 A.P.R. 363 (F.C.), refd to. [para. 39].

Wagener v. Wagener (1988), 55 Man.R.(2d) 91; 17 R.F.L.(3d) 308 (Q.B.), refd to. [para. 39].

Rousso v. Rousso (1988), 15 R.F.L.(3d) 243 (Ont. H.C.), refd to. [para. 39].

Messier v. Delage (1987), 50 N.R. 16; 5 R.F.L.(3d) 375 (S.C.C.), refd to. [para. 44].

Wainwright v. Wainwright (1988), 85 N.S.R.(2d) 280; 216 A.P.R. 280 (C.A.), refd to. [para. 47].

Hubley v. Hubley (1988), 84 N.S.R.(2d) 225; 213 A.P.R. 225; 13 R.F.L.(3d) 407 (C.A.), refd to. [para. 47].

Balch v. Balch (1987), 76 N.S.R.(2d) 425; 189 A.P.R. 425; 5 R.F.L.(3d) 105, refd to. [para. 49].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 17(4), sect. 17(7), sect. 17(8) [para. 8].

Counsel:

Milton Veniot, for the petitioner;

Lance Scaravelli, for the respondent.

These applications were heard on June 1, 1989, at Dartmouth, Nova Scotia, before Williams, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment on July 21, 1989.

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