Date: 19980318 Docket: C.A. 144018
NOVA SCOTIA COURT OF APPEAL
Cite as: Blagdon v. Blagdon, 1998 NSCA 82
Chipman, Jones and Flinn, JJ.A.
BETWEEN:
LLOYD BLAGDON ) Peter C. McVey
) for the Appellant
Appellant )
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- and - )
) Heidi Foshay Kimball
) for the Respondent
HELEN G. BLAGDON )
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Respondent ) Appeal Heard:
) March 18, 1998
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) Judgment Delivered:
) March 18, 1998
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Revised judgment: The text of the original judgment has been corrected according to the erratum dated March 18, 2007.
THE COURT: Appeal dismissed per oral reasons for judgment of Flinn, J.A.; Jones and Chipman, JJ.A. concurring.
FLINN, J.A.:
This appeal, by the appellant husband, arises out of an application by him, in the Supreme Court, for an unequal division, in his favor, of matrimonial assets. The respondent wife sought an equal division.
The parties had lived together, on a common law basis, and, following that, as a married couple, for 2 years and 10 months prior to their separation in July, 1995. The value of the matrimonial assets, at the time of separation, was $138,125.00 plus the value of certain furniture.
Justice Hamilton ruled:
1. That the wife should retain her automobile, and her furniture, both of which she brought into the marriage;
2. That the husband pay to the wife the sum of $15,000.00;
3. That the husband be responsible for matrimonial debts (approximately $22,000.00); and
4. That the husband pay to the wife $1000.00 in suit costs, and costs of the application in the amount of $500.00.
Considering all of the circumstances of this case, we are of the unanimous opinion that Justice Hamilton’s ruling is not clearly excessive, in the wife’s favor; nor is it inequitable to the husband, as was the case in Roberts v. Shotten (1997), 156 N.S.R. (2d) 47 (N.S.C.A.). Therefore, we are not prepared to interfere with her ruling.
The appeal is dismissed. The appellant will pay to the respondent her costs of this appeal which are hereby fixed at $750.00 inclusive of disbursements.
Flinn, J.A.
Concurred in:
Jones, J.A.
Chipman, J.A.
C.A. No. 144018
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
LLOYD BLAGDON
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
HELEN G. BLAGDON )
) FLINN, J.A.
) (Orally)
Respondent )
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