Court of Appeal

                           NOVA SCOTIA COURT OF APPEAL

Citation: MacNeil v. MacNeil-Meyers, 2009 NSCA 105

Date: 20091021

Docket: CA 305763

Registry: Halifax

Between:

Joseph MacNeil

Appellant

v.

Olive Roseanne MacNeil-Meyers

Respondent

Judge:                   The Honourable Justice Nancy Bateman

Appeal Heard:      October 8, 2009

Subject:       Division of assets on Divorce     

Summary:    A couple married later in life having been previously married to other partners.  The wife brought a modestly valued home into the marriage while the husband had a military pension in pay and a RRIF.  The husband provided most of the living expenses and expended money and effort improving the home.  On divorce the wife wanted to keep the house and did not seek spousal support or a share of the pension or RRIF if the husband would walk away.  The husband wanted to keep the pension and RRIF and wanted an equal division of the value of the home.  The judge gave the husband 15% of the value of the home and he kept his pension and RRIF undivided.  She ordered that he pay lump sum and monthly spousal support.

Issues:         Self-represented husband appealed.               

Result:        Appeal dismissed without costs.  The trial judge was not satisfied that the husband had proved his contribution to the home or that whatever contribution he did make had markedly improved its value.  The Court of Appeal was not satisfied that the judge erred at law or made a palpable and overriding error of fact.