SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Smith
v. Smith, 2011 NSSC 269
Date: 20110623
Docket: 1201-64292
Registry: Halifax
Between:
Adam Richard Smith
Petitioner
v.
Katherine Helen Smith
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Elizabeth Jollimore
Heard: June 22, 2011
Oral Decision: June 23, 2011
Written Decision: July 28, 2011
Summary: In divorce, mother sought to vary terms of comprehensive agreement relating to custody, child support and property division. Parenting and child support terms were varied, while terms of the agreement which related to property division, which were not unconscionable or unduly harsh, were not varied.
Key words: Family, Divorce Act, Child Maintenance Guidelines, Maintenance and Custody Act, Matrimonial Property Act, unequal division of assets, imputing income, business asset, child support - application to vary, separation agreement, section 7 expenses
Legislation: Divorce
Act, R.S.C. 1985 (2nd Supp.), c. 3,
sections 17(4), 17(5) & 17(6.1)
Federal Child Support Guidelines,SOR/97-175, sections 9, 19(1)(e) & (f)
Maintenance and Custody Act, R.N.S.N. 1989, c. 160, section 52
Matrimonial Property Act, R.S.N.S. 1989, c. 275, sections 2(a), 4(1)(e), 13(d), (e) & 29
THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET