Robichaud v. Robichaud, (1991) 120 N.B.R.(2d) 257 (FD)

• Judge: Logan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 06, 1991
• Jurisdiction: New Brunswick
• Citations: (1991), 120 N.B.R.(2d) 257 (FD)

Robichaud v. Robichaud (1991), 120 N.B.R.(2d) 257 (FD);

    120 R.N.-B.(2e) 257; 302 A.P.R. 257

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Arthur Joseph Robichaud (applicant) v. Mary Frances E. Robichaud (respondent)

(FDSJ-777-90)

Indexed As: Robichaud v. Robichaud

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Logan, J.

September 18, 1991.

Summary:

After 23 years of separation, the husband applied for a divorce. The wife applied for a division of marital property.

The New Brunswick Court of Queen's Bench, Family Division, granted the divorce but declined to make a division of marital property.

Equity - Topic 2061

Equitable defences - Laches - General - Marital property - Division of - The parties married in 1959 and separated in 1968 - In 1991, the husband applied for a divorce - The wife requested a division of marital assets - At the time of the sepa-ration in 1968, the wife took the furniture and the husband kept the car - The sole remaining marital asset was that portion of the husband's service pension represented by the 9½ years that the parties cohabited - There had been little contact between the parties during the separation and the hus­band thought that the matter had been settled in 1968 - The New Brunswick Court of Queen's Bench, Family Division, dismissed the wife's claim on the ground of laches.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Pensions - Bars - Laches - [See Equity - Topic 2061 ].

Cases Noticed:

Northorp v. Northorp (1987), 81 N.B.R. (2d) 426; 205 A.P.R. 426; 41 D.L.R.(4th) 672; 9 R.F.L.(3d) 13, refd to. [para. 8].

Clarke v. Clarke, [1990] 2 S.C.R. 795; 113 N.R. 321; 101 N.S.R.(2d) 1; 275 A.P.R. 1; 73 D.L.R.(4th) 1; 28 R.F.L.(3d) 113, refd to. [para. 8].

Cormier v. Cormier (1988), 102 N.B.R. (2d) 13; 256 A.P.R. 13, reving. 90 N.B.R.(2d) 431; 228 A.P.R. 431, dist. [para. 9].

Counsel:

B. McIntyre, for Arthur Joseph Robichaud;

S. Doran, for Mary Frances E. Robichaud.

This matter was heard on September 6, 1991, in Saint John, New Brunswick, by Logan, J., of the New Brunswick Court of Queen's Bench, Family Division, who delivered the following decision on Septem­ber 18, 1991.