Supreme Court

Decision Information

Decision Content

 

 

Date: 20020930

Docket: 1203-001528

 

IN THE SUPREME COURT OF NOVA SCOTIA

 [Cite as: Westhaver v. Westhaver, 2002 NSSC 220]

 

 

BETWEEN:

 

TERRANCE  EARL WESTHAVER

 

PETITIONER

 

- and -

 

HEATHER LYNN WESTHAVER

 

RESPONDENT

 

 

 

LIBRARY SHEET

 

 

 

HEARD BEFORE: The Honourable Justice Margaret J. Stewart at Liverpool,N.S.

 

DATES HEARD:            May 24, 2002.  (Last brief filed June 11, 2002.)

 

DECISION DATE: September 30, 2002.

 

SUBJECT:                      Divorce; Spousal; Amount and Duration.

 

SUMMARY:                   After 11.7 years of cohabiting the parties agreed their                                   marriage had ended just days before Ms. Westhaver

was involved in a single car motor vehicle accident


on April 5, 1995 which effected her vision and caused                                   her brain injury.  The issue of her functioning ability

not clearly addressed at trial as directed.  She continued

to qualify for Canada Pension Plan disability benefits. 

The parties lived under the same roof for three years

before wife physically separated in June of 1998.  Mr.

Westhaver was financially responsible for her for

seven years at the time of trial.  Ms. Westhaver was not

able to account for her lack of funds/assets.  Although                                 each case is to stand on its own, other than being married

for 4.3 years longer than the Bracklows, a number of

parallels exist between the two cases. 

 

RESULT:                        Husband ordered to pay $800.00 per month until                                          December 2002 at which time his support obligation

would terminate.  Parties to bear their own costs.

 

 

 

 

 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT=S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET.  DECISION CONSISTS OF 28 PAGES

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