C.A. No. 105854
NOVA SCOTIA COURT OF APPEAL
Cite as: MacCullough v. MacCullough, 1994 NSCA 195
Clarke, C.J.N.S.; Hallett and Chipman, JJ.A.
BETWEEN:
CHRISTINE MARY MACCULLOUGH ) Peter W. Kidston
) for the Appellant
Appellant )
)
- and - )
) Respondent in person
ROBERT BRIAN MACCULLOUGH )
)
Respondent ) Appeal Heard:
) September 14, 1994
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) Judgment Delivered:
) September 14, 1994
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THE COURT: Appeal allowed per oral reasons for judgment of Hallett, J.A.; Clarke, C.J.N.S. and Chipman, J.A. concurring.
The reasons for judgment of the Court were delivered orally by:
HALLETT, J.A.
This is an appeal from an order for corollary relief under the Divorce Act, R.S.C. 1985, and relief under the Matrimonial Property Act, R.S.N.S. 1989, c. 275. The order was granted in what is referred to as an undefended proceeding pursuant to Civil Procedure Rule 57. The evidence before the learned trial judge did not support the order made which granted relief to the respondent under the Matrimonial Property Act. Accordingly, the appeal is allowed and that part of the corollary relief judgment dealing with the Matrimonial Property Act matters is set aside. Neither of the parties having sought costs, none will be ordered.
Hallett, J.A.
Concurred in:
Clarke, C.J.N.S.
Chipman, J.A.
C.A. No.105854
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
CHRISTINE MARY MACCULLOUGH
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
ROBERT BRIAN MACCULLOUGH )
) HALLETT, J.A.
) (orally)
Respondent )
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