Ward v. Hubbard, (1999) 4 B.C.T.C. 249 (SC)

• Judge: Chamberlist, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: January 04, 1999
• Jurisdiction: British Columbia
• Citations: (1999), 4 B.C.T.C. 249 (SC)

Ward v. Hubbard (1999), 4 B.C.T.C. 249 (SC)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. FE.114

Patricia Lynn Ward (plaintiff) v. Brian Douglas Hubbard (defendant)

(25838)

Indexed As: Ward v. Hubbard

British Columbia Supreme Court

Prince George

Chamberlist, J.

January 4, 1999.

Summary:

The plaintiff and defendant resided together for a number of years. They had one child. The parties' relationship was intermittent, turbulent and abusive. The plaintiff, by way of a Rule 18A application, sought various relief. The relief included custody of the child, with no access to the defendant, an order that the defendant's interest in the marital home be transferred to her for payment of outstanding child support and future child support, and that all chattels now in her possession, located on the marital property, vest absolutely in her.

The British Columbia Supreme Court determined the issues accordingly. Particular­ly, the court granted the plaintiff sole cus­tody of the child, with no access to the defendant. The court also ordered that lump sum child support be granted and calculated it accordingly. This amount was deducted from the defendant's interest in the marital home. The court further gave the plaintiff 90 days to pay the defendant the remaining equity he had in the home, to enable her to have the home free and clear from any encumbrances. Finally, the court also ordered that all chattels now in the plaintiff's pos­session vest absolutely in her.

Family Law - Topic 1004

Common law or same sex relationships - Family home - See paragraphs 69 to 84.

Family Law - Topic 1881

Custody and access - Considerations in awarding custody - Welfare of child para­mount - See paragraphs 46 to 59.

Family Law - Topic 1891

Custody and access - Considerations in awarding custody - Conduct of parents - See paragraphs 46 to 59.

Family Law - Topic 1991

Custody and access - Access - Considera­tions in awarding access - Welfare of child - See paragraphs 46 to 59.

Family Law - Topic 2004

Custody and access - Access - Grounds of refusal - Restriction or variation of access - See paragraphs 46 to 59.

Family Law - Topic 2445.1

Maintenance of wives and children - Main­tenance of children - Awards - Lump sum - See paragraphs 60 to 78.

Family Law - Topic 2353

Maintenance of wives and children - Main­tenance of children - Retroactive mainte­nance - See paragraphs 60 to 78.

Family Law - Topic 2357

Maintenance of wives and children - Main­tenance of children - Considerations - See paragraphs 60 to 78.

Practice - Topic 5702

Judgments and orders - Summary judg­ments - Jurisdiction or when available - See paragraphs 40 to 45.

Cases Noticed:

Nouveau-Brunswick (Ministre de la Santé et des Services communautaires) v. M.L. et R.L. (1998), 230 N.R. 201; 204 N.B.R.(2d) 1; 520 A.P.R. 1 (S.C.C.), refd to. [para. 51].

Quigley v. Fontaine (1987), 10 R.F.L.(3d) 160 (B.C.C.A.), refd to. [para. 70].

Kopejtko v. Kopetjko (1985), 49 R.F.L.(2d) 26 (B.C.C.A.), refd to. [para. 70].

Statutes Noticed:

Family Relations Act, R.S.B.C. 1979, c. 121, sect. 96(2), sect. 96(3) [para. 6].

Counsel:

D.B. McGaughey, for the plaintiff;

B.D. Hubbard appeared in person.

This application was heard on June 11, 12 and 18, 1998, in Chambers, at Prince George, British Columbia, before Chamber­list, J., of the British Columbia Supreme Court, who delivered the following decision on January 4, 1999.