SUPREME COURT OF NOVA SCOTIA
Citation: Fraser v Fraser, 2011 NSSC 178
Date: 20110519
Docket: 1205-002925
Registry: Pictou
Between:
Darcy Lynn Fraser
Petitioner
v.
Eric Eugene Fraser
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Charles Haliburton
Heard: February 21 and 22, 2011 at Pictou, Nova Scotia
Written Decision: May 19, 2011
Subject: Family Law - Divorce and Division of Assets
Summary: The parties had a ten-year marriage with two children. The husband was involved in an accident during the marriage which resulted in a disability insurance invested in the names of the parties jointly. The parties currently have shared custody. Shared custody is proving to be unsatisfactory.
Issue: 1. Is the disability insurance invested in the joint names a business or matrimonial asset?
2. If shared parenting does not continue, what should the custody and access of the children be?
Result: It was found that the disability insurance is a business asset. The wife was determined to be a joint owner only as trustee for husband.
Joint custody is ordered with primary residence to be with the husband.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.