Supreme Court

Engle v. Carswell 2012 NWTSC 25
Date: 2012 03 28
Docket: S-1-CV-2012 000001

	IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN:

	ROBERT PARSONS ENGLE

	Applicant

	- and -


	MARGARET LUCILLE CARSWELL

	Respondent

SUPPLEMENTARY MEMORANDUM #2


[1]	These reasons are supplemental to the Court’s Memorandum of Judgment filed February 29, 2012 in these proceedings.

[2]	I have received and considered the Applicant’s further submissions which were requested in the Supplementary Memorandum filed March 8, 2012 regarding the amount to be paid into court.  The Respondent has not filed any further submissions.

[3]	I hereby order that the formal Order that will issue pursuant to paragraph 31 of the February 29, 2012 Memorandum of Judgment will include the following:

1)	That $350,000.00 of the proceeds of the sale of the Principal Residence are to be paid into court, which is to be retained by the Clerk of the Court in an interest bearing account, pending determination of whether the Respondent is entitled to any of the proceeds of the sale.


2)	Upon receiving satisfactory proof of payment into court, the Registrar of Land Titles is to remove the Caveat number 174,114 from the certificate of title number 16810, described as Lot 14, Block 123, Plan 634 in the City of Yellowknife in the Northwest Territories.

3) 	The determination of whether the Respondent is entitled to any of the proceeds of the sale is adjourned sine die and can be brought back to Court on 14 days notice by either party.





S.H. Smallwood
        J.S.C.


Dated at Yellowknife, NT, this
28th day of March 2012

Counsel for the Applicant: 		James Thorlakson
The Respondent represented herself




S-0001-FM-2008000117



IN THE SUPREME COURT OF THE
NORTHWEST TERRITORIES



BETWEEN:


	ROBERT PARSONS ENGLE
	Applicant

	- and -


	MARGARET LUCILLE CARSWELL
	Respondent




SUPPLEMENTARY MEMORANDUM OF THE
HONOURABLE JUSTICE S.H. SMALLWOOD