NOVA SCOTIA COURT OF APPEAL
Citation: Molloy v. Molloy, 2012 NSCA 60
Date: 20120608
Docket: CA 371180
Registry: Halifax
Between:
John Molloy
Appellant
v.
Marie Molloy
Respondent
Judge: The Honourable Justice Linda Lee Oland
Appeal Heard: June 4, 2012, in Halifax, Nova Scotia
Subject: Spousal support; Delay in application; Maintenance and Custody Act, R.S.N.S. 1989, c. 160, ss. 3, 4, and 5
Summary: The respondent left her traditional marriage after 27 years. She applied for spousal support 11 years after separation. The appellant appeals the trial judge’s award of monthly support for an indefinite period.
Issues: Whether (a) there was an initial entitlement to spousal support; (b) the respondent had achieved such a degree of self sufficiency as to terminate any obligation; and, (c) the amount is appropriate.
Result: Appeal dismissed. The judge did not err in principle, significantly misapprehend the evidence, or made an award that is clearly wrong.
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