SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Foster-Jacques v. Jacques, 2011 NSSF 43
Date: 20110202
Docket: HFD1201-64463
Registry: Halifax
Between:
Sharon J. Foster-Jacques
Petitioner
v.
Hector J. Jacques
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Beryl MacDonald
Heard: January 31, 2011, in Halifax, Nova Scotia
Written Decision: February 2, 2011
Subject: Family Law; Divorce Act; Interim Hearing; Spousal Support; Evidence of marital misconduct.
Summary: The Husband brought a motion to strike portions of the Wife’s affidavit to be heard in an interim proceeding. Those portions described the Husband’s infidelity and the effect upon the wife.
The Husband relied upon section 15.2 (5) of the Divorce Act and also argued that, on interim spousal support motions, only the “need and ability” to pay issues are relevant.
Issue: Do the principles of Leskun v Leskun, [2006] 1 S.C.R. 920 apply to an interim application and so permit affidavit evidence outlining marital misconduct and its effect on a spouse? Are need and ability to pay the only considerations to be reviewed during an interim spousal support motion?
Result: The principles of Leskun v Leskun, [2006] 1 S.C.R. 920 apply to an interim application.
Need and ability to pay do not exhaust the list of relevant considerations on a motion for interim spousal support. Sections 15.2(4) and (6) of the Divorce Act clearly specify the factors and objectives a court must take into account when considering such an application. A court must consider all, not some, of the statutory factors and objectives.
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