Strauch v. Downey, 2010 SKQB 82

• Judge: Sandomirsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 25, 2010
• Jurisdiction: Saskatchewan
• Citations: 2010 SKQB 82;(2010), 353 Sask.R. 153 (QB)

Strauch v. Downey (2010), 353 Sask.R. 153 (QB)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. MR.043

Brent Strauch (petitioner) v. Corrin Downey (respondent)

(2008 F.L.D. No. 385; 2010 SKQB 82)

Indexed As: Strauch v. Downey

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Sandomirsky, J.

February 25, 2010.

Summary:

The unmarried parties were separated. A bank was foreclosing upon a first mortgage on the family residence. The husband had filed for bankruptcy. The wife had a pending offer on the property. She applied ex parte for lump sum interim spousal support of $21,100 to cover one-half of the amount of the anticipated indebtedness resulting from the disposition of the property so that the wife could get the bank's cooperation in discharging the first mortgage. Otherwise, the wife, who was not bankrupt, could be solely responsible to the bank for the shortfall. Chicoine, J., granted the order ex parte. Sandomirsky, J., stayed the order and ordered that the matter be reheard so the husband could participate.

The Saskatchewan Court of Queen's Bench confirmed Chicoine, J.'s order and removed the stay.

Family Law - Topic 2224

Maintenance of wives and children - Interim relief - Interim maintenance - The unmarried parties separated after a four year relationship - A bank was foreclosing upon a first mortgage on the family residence - The husband had filed for bankruptcy - He earned $125,000 annually - He was paying child support of $1,746 monthly through garnishee proceedings - The wife earned $56,260 annually - The wife had a pending offer on the family residence - She sought lump sum interim spousal support of $21,100 to cover one-half of the amount of the anticipated indebtedness resulting from the disposition of the property so that the wife could get the bank's cooperation in discharging the first mortgage - Otherwise, the wife, who was not bankrupt, could be solely responsible to the bank for the shortfall - The Saskatchewan Court of Queen's Bench held that the wife was entitled to the lump sum interim spousal support given the economic disadvantage which flowed from the roles assumed in the spousal relationship, primarily as joint and several borrowers of the mortgage loan (Family Maintenance Act, s. 5(2)(a)) - Otherwise, the husband would reap an economic advantage to the corresponding economic disadvantage of the wife.

Family Law - Topic 2329

Maintenance of wives and children - Maintenance of wives - Considerations - [See Family Law - Topic 2224 ].

Family Law - Topic 2483

Maintenance of wives and children - Awards - Lump sum payments - [See Family Law - Topic 2224 ].

Cases Noticed:

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 15].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211, refd to. [para. 15].

Hein v. Hein, [2004] Sask.R. Uned. 134; 2004 SKQB 277 (Fam. Div.), refd to. [para. 15].

Counsel:

Charlene M. Richmond, for the petitioner;

Lindsay A. Wacholtz, for the respondent.

This matter was heard before Sandomirsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who released the following fiat on February 25, 2010.