Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Jardine-Vissers v. Vissers, 2011 NSSC 195

 

Date: 20110518

Docket: 1207-003527

Registry: Halifax

Between:

Jo-Ann Elizabeth Jardine-Vissers

Petitioner/Applicant

v.

 

Peter Henry Vissers

Respondent

 

 

LIBRARY HEADING

 

Judge:                        The Honourable Justice Carole A. Beaton

 

Date of Hearing:     April 27, 2011

 

Date of Decision:    May 18, 2011

 

Keywords:                Divorce Act; Family - imputing income; Family - business asset; Family - interim spousal support

 

Legislation:             Divorce Act, 1985    

 

Caselaw:                   Bracklow v. Bracklow [1999] 1 S.C.R. 420

 

Issues:                        Interim Hearing on spousal support: Long term marriage; wife employed part-time and husband employed full-time in parties’ business:

 

(1)       Is it appropriate to impute income to the wife?  What are her needs?

 

(2)       What amount of interim support should be payable by the husband?  What are his means?

 

(3)       What insurance coverage, if any, should be available to the wife?


(4)       Should the husband be required to: (a) reimburse the wife for earlier consent payments owing to his failure to provide monies directly to her; and (b) reimburse their business for a dividend payment made to him?

 

Result:                       Interim Spousal Support of $1,800.00 per month payable to the Applicant.  No income imputed to the Applicant.  Insurance of $100,000 coverage sufficient to secure the Applicant’s interest.  Respondent not required to make any reimbursement payments to Applicant given the interim nature of the decision.

 

 

                                                                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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