Supreme Court

Decision Information

Theriault v Theriault

Court Supreme Court
Date 1994-04-26
File numbers 6101-02096
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
Kukolj v. Kukolj (1986), 3 RFL ( 3d ) 359 (Ont F Ct)
Tucker v. Tucker ( 1984 ), 43 RFL ( 2d ) 199 (Ont SC)
Law v. Law ( 1986 ), RFL ( 3d ) 458 (Ont SC)
Duncan v. Duncan ( 1989 ), 18 RFL ( 3d ) 46 (Sask QB)
Swidzinsky v. Swidzinsky ( 1984 ), 43 RFL ( 2d ) 456 (Man QB)
Keen v. Keen ( 1990 ), 30 RFL ( 3d ) 172 (Sask QB)
Burson v. Burson ( 1990 ), 4 CBR ( 3d ) 1 (Ont Gen Div)
Re Fraese ( 1991 ), 4 CBR ( 3d ) 87 (BCCA)

Statutes considered:
Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)
Matrimonial Property Act, R.S.N.W.T. 1988, c. M-6, s. 27
Decision information:

Abstract: Joint proceedings under the Divorce Act and Matrimonial Property Act. An application for child maintenance under the Divorce Act. An application for the division of matrimonial property
Decision: The Court held that the children were no longer "children of the marriage" as defined in the Divorce Act and therefore child maintenance was denied. All equity in the matrimonial home was ordered to be transferred to the wife as she had contributed significantly to the home since the separation of the parties. Additionally, at the time of separation the husband took moveable assets of the marriage in excess of one-half of the total value of all moveable matrimonial assets. The wife was to also formally assume the ongoing liabilities of the "owner" under the NWTHC loan agreement.
Subjects: Family law
Keywords: Maintenance
Child of the marriage
Matrimonial property - division

Decision Content

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