Citation: Theriault v. Theriault, 2003 NSCA 90
Date: 20030909
Docket: C.A. 188385
Registry: Halifax
Between:
Marjorie Ella Theriault
Appellant
v.
Walter Ross Theriault
Respondent
Judge(s): Glube, C.J.N.S.; Saunders and Oland, JJ.A.
Appeal Heard: September 9, 2003, in Halifax, Nova Scotia
Written Judgment: September 10, 2003
Held: Appeal is allowed without costs, per oral reasons for judgment of Glube, C.J.N.S.; Saunders and Oland, JJ.A. concurring.
Counsel: Andrew S. Nickerson, Q.C. for the appellant
Donald Fraser, for the respondent
Reasons for judgment:
[1] Based upon the evidence presented at trial, we see no reversible error in the manner in which the trial judge disposed of this case, except for a minor omission, namely, providing a final date for disposing of the fishing businesses.
[2] In light of the fact that the respondent’s date of birth is July 20, 1941, and his evidence “that he would like to continue as a fisherman until age 65", we would amend the corollary relief judgment by deleting s. 2(b) and substituting the following:
2(b) The respondent shall sell the assets of the said fishing businesses on or before December 31, 2006, and upon such sale shall pay to the petitioner 30% of the net proceeds of the sale.
[3] In all other respects, the corollary relief judgment is confirmed.
[4] The appeal is allowed without costs.
Glube, C.J.N.S.
Concurred in:
Saunders, J.A.
Oland, J.A.