Court of Appeal

CASE NO.                                      VOL. NO.                                            PAGE

JOANNE HELEN RYAN                - and -         THEODORE AUGUSTINE RYAN

Appellant (Cross-Respondent)                                       Respondent (Cross-Appellant

CA172980                                              Halifax, N.S.                                     Hamilton, J.A.

                                               [Cite as: Ryan v. Ryan, 2002 NSCA 51]

APPEAL HEARD:                              April 2, 2002

JUDGMENT DELIVERED:            April 16, 2002

SUBJECT:       Family Law. Matrimonial Property Act. Division of Matrimonial Assets and Arrears

SUMMARY:    The trial judge unequally divided matrimonial assets in Ms. Pullin’s favour noting Ms. Pullin had paid all of the debts, and did not forgive all or any portion of the arrears for child care expenses payable by Mr. Ryan.

ISSUES:           Did the trial judge err in unequally dividing the matrimonial assets or failing to forgive, in whole or in part, the arrears of child care expenses?

DECISION:     Appeal dismissed. An equal division of matrimonial assets would have been unfair or unconscionable considering the value of the matrimonial assets and the amount of debt paid by Ms. Pullin after separation and the fact Ms. Pullin had contributed the full down payment to purchase the matrimonial home five years prior to separation. Nor did the trial judge err in failing to forgive all or a portion of the arrears of child care expenses. There was evidence before the trial judge of the amount of the arrears and that these arrears had not been paid.

                  Costs of $1,000.00 were ordered paid by Mr. Ryan.