Supreme Court

Decision Information

McGrath v Holmes

Court Supreme Court
Date 1994-06-06
Other citations 10 R.F.L. (4th) 161 (N.W.T. C.A.) – reversed (1995)
File numbers 6101-00266, CV 04084
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Caratun v. Caratun ( 1993 ), 42 RFL (3d) 113 (Ont. CA)
STEWART V. GREEN, (1983), 26 SASK. R. 80 (QB)
FILEWYCH V. FILEWYCH (1992) N.W.T.R. 356 (S.C.)
DIOTALLEVI V. DIOTALLEVI (1982), 27 R.F.L. (2d) 400 (ONT.H.C.)
ELLIOT V. ELLIOT (1983), 48 R.F.L. (3d) 237, 15 O.R. (3d) 265 (C.A.)

Statutes considered:
Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15
MATRIMONIAL PROPERTY ACT, R.S.N.W.T. 1988, c. M-6
PARTNERSHIP ACT, R.S.N.W.T, 1988, c. P-1
Decision information:

Abstract: An application for the disposition of matrimonial property and an order for spousal support payable to the Defendant.
Decision: Pursuant to s. 15 of the Divorce Act, the wife is ordered to pay to the husband a lump sum of $17, 500.00 and ongoing support in the amount of $500.00 per month until the husband has attained 70 years of age. The Court considered the means, needs and other circumstances of the spouse and determined that the husband had suffered quite a marked drop in his material standard of living since the parties separated.
Appeal: Notice to appeal filed Aug. 11, 1994 (CA 00487). Heard Oct. 18, 1994 before Justices Hetherington, Richard, and McFadyen
Subjects: Family law
Keywords: Matrimonial property
Spousal support - lump sum payments - monthly support
Pre-judgment interest

Decision Content

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