Thorndycraft v. Thorndycraft, (1995) 106 Man.R.(2d) 116 (QBFD)

• Judge: Diamond, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 13, 1995
• Jurisdiction: Manitoba
• Citations: (1995), 106 Man.R.(2d) 116 (QBFD)

Thorndycraft v. Thorndycraft (1995), 106 Man.R.(2d) 116 (QBFD)

MLB headnote and full text

Diane Sandra Thorndycraft (petitioner) v. Neil Alfred Thorndycraft (respondent)

(File No. FD 91-01-25501)

Indexed As: Thorndycraft v. Thorndycraft

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Diamond, J.

December 13, 1995.

Summary:

A couple separated after 19 years of mar­riage. The wife applied for spousal support.

The Manitoba Court of Queen's Bench, Family Division, ordered the husband to pay $1,200/month spousal support.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance awards - Periodic payments - A wife quit her job as a secretary when her first child was born - Later she worked as a teacher's assistant until she quit to work in the family business - The wife worked in the family business until she and her husband separated - After separation the wife had difficulty finding permanent employment - The husband expanded the family business - The wife earned less than $1,000/month - The husband earned between $6,600 and $8,300 per month - The wife applied for spousal support - The Manitoba Court of Queen's Bench, Family Division, held that the wife suffered economic disadvantages from the marriage and its breakdown - The husband was financially advantaged - The court ordered that the husband pay the wife $1,200/month support for an indefi­nite period.

Family Law - Topic 4021.2

Divorce - Corollary relief - Maintenance awards - Considerations - Leaving labour market for family responsibilities - [See Family Law - Topic 4010 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To wife - Extent of obligation - [See Family Law - Topic 4010 ].

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; [1993] 1 W.W.R. 481; 99 D.L.R.(4th) 456; 43 R.F.L.(3d) 345, refd to. [para. 18, Appendix].

Overall v. Overall (1992), 83 Man.R.(2d) 122; 36 W.A.C. 122; 43 R.F.L.(3d) 82 (C.A.), refd to. [Appendix].

Tuba v. Tuba (1991), 74 Man.R.(2d) 79; 34 R.F.L.(2d) 385 (Q.B. Fam. Div.), refd to. [Appendix].

Fejes v. Fejes (1993), 83 Man.R.(2d) 273; 36 W.A.C. 273; 45 R.F.L.(3d) 13 (C.A.), refd to. [Appendix].

Koberlein v. Barral (1994), 94 Man.R.(2d) 133; 5 R.F.L.(4th) 94 (Q.B. Fam. Div.), refd to. [Appendix].

Wilson v. Wilson (1994), 95 Man.R.(2d) 253; 70 W.A.C. 253; 5 R.F.L.(4th) 75 (C.A.), refd to. [Appendix].

Vokey v. Vokey (1991), 74 Man.R.(2d) 312; 35 R.F.L.(3d) 458 (Q.B. Fam. Div.), refd to. [Appendix].

Crook v. Crook (1992), 115 N.S.R.(2d) 258; 314 A.P.R. 258; 42 R.F.L.(3d) 297 (T.D.), refd to. [Appendix].

Randolph v. Randolph (1991), 34 R.F.L.(2d) 444 (Ont. Gen. Div.), refd to. [Appendix].

Goodman v. Goodman (1993), 50 R.F.L.(3d) 14 (Ont. Gen. Div.), refd to. [Ap­pendix].

Morison v. Morison (1993), 139 A.R. 124; 47 R.F.L.(3d) 34 (Q.B.), refd to. [Ap­pendix].

Reyher v. Reyher (1993), 48 R.F.L.(3d) 111 (Man. Q.B. Fam. Div.), refd to. [Appendix].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15(7) [para. 19].

Counsel:

Wayne C. Rose, for the petitioner;

Jack A. King, for the respondent.

This case was heard before Diamond, J., of the Manitoba Court of Queen's Bench, Fam­ily Division, Winnipeg Centre, who delivered the following judgment on De­cember 13, 1995.