Swimm v. Swimm, 2025 NSSC 247 Judge: The Honourable Justice Samuel Moreau Subject: Bifurcation of issues (Matrimonial Assets); Division of Matrimonial Assets; Inferences; Credibility; Sections 13 and 18 of the Matrimonial Property Act. Summary: The parties were married in April 2010 and separated in October 2023. Ms. Swimm filed a Petition for Divorce soon after. […]
Hanak v Hanak, 2024 NSCA 44 Judge: Justice Elizabeth Van den Eynden Subject: Appeal of an Interim Order, Imputation of Income, Fresh Evidence Summary: Mr. Hanak sought leave to appeal from an interim order, which imputed his income at $200,000 for the purpose of determining his support obligations. He argued instead that his annual income should be […]
Fox v. Muise, 2024, NSSC 50 Judge: Honourable Justice Theresa M Forgeron Subject: Child Support, Unjust Enrichment Summary: Leonard Fox and Margaret Muise have two children born in 2001 and 2004 from a common-law relationship that ended in 2010. In 2012-2013, a contested hearing decided on parenting, child support, and unjust enrichment. Mr. Fox seeks to […]
Owda v Hussini, 2024 NSSC 23 Judge: Honourable Justice Cindy Cormier Subject: Relocation, Parenting Time, Child Support Summary: Ms. Owda filed an initial application under the Parenting and Support Act to seek to have Mr. Hussini pay child support. The mother claimed that Mr. Hussini was not contributing to the children’s expenses and that he […]
Kulu v. Atuanya, 2024 NSSC 2 Judge: Honourable Justice Theresa Forgeron Subject: Parenting and Child Support Summary: The parties were in a brief relationship in March 2007. There is one child of the relationship, B. He is seventeen years old. The mother lives in Nova Scotia and the father lives in the USA. B has […]
In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick. In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]
Davis v Harrison, 2023 NSCA 74 Judges: Justice Anne S. Derrick; Chief Justice Michael J. Wood and Justice Joel E. Fichaud concurring Subject Matter: Matrimonial property; Pension division; s. 13 MPA; Costs; Fresh Evidence Summary: The parties were married for 20 years. The contested issues at trial included the division of the appellant’s Canadian Armed […]
L. v. T. H., 2023 NSSC 250 Judge: Justice Lee Anne MacLeod-Archer Subject: Interim parenting; interim child support; inputting income Summary: This decision originated from an interim motion by the father, Mr. H, seeking an interim shared parenting arrangement for the parties’ three children. The mother, Ms. L, sought primary care of the children and […]
Weagle v Kendall, 2023 NSCA 47 Judge: Justice Carole A. Beaton Subject Matter: Parenting Time; Relocation The father appealed from the trial judge’s decision allowing the mother to relocate their child from Halifax to Ottawa. The appeal was allowed, and the matter sent for a rehearing with another judge. The judge erred in overemphasizing the […]
Anderson v. Anderson, 2023 SCC 13 Judge: Justice Karakatsanis Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agreement without disclosing their individual finances or seeking independent […]