SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Hubley-Swider v. Swider, 2009 NSSC 106
Date: 20090402
Docket: 1201-062838
Registry: Halifax
Between:
Carolann Jean Hubley-Swider
Petitioner
v.
Mark Andrew Swider
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Elizabeth Jollimore
Heard: March 31, 2009 in Halifax, Nova Scotia
Decision: April 2, 2009
Subject: Matrimonial property, support variation
Summary: Father applied for interim exclusive possession of matrimonial home and to vary interim spousal and child support awards following mother’s relocation with child from matrimonial home.
Issues: Did father meet the requirements of s. 11(4) of Matrimonial Property Act [other available shelter not adequate in the circumstances or order not in the best interests of the child]? Has threshold requirements of ss 17(4) and (4.1) of the Divorce Act been met?
Result: Father’s applications dismissed. Mother awarded interim exclusive possession of home and ordered to maintain mortgage and operating costs.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.