Supreme Court of Nova Scotia
Citation: Tofflemire v Pike, 2013 NSSC 235
Date: 2013-07-25
Docket: SFHMPAY-086431
Registry: Halifax
Between:
Andrew Jay Tofflemire
Applicant
v.
Wanda G. Pike
Respondent
Library Heading
Judge: The Honourable Justice Elizabeth Jollimore
Heard: July 19, 2013 in Halifax, Nova Scotia
Written Decision: July 24, 2013
Keywords: child of the marriage, exclusive possession
Legislation: Matrimonial Property Act, R.S.N.S. 1989, c. 275, subsection 2(b); clause 11(1)(a), clause 11(4)(a), clause 11(4)(b)
Summary: Both spouses sought interim exclusive possession of matrimonial home. Husband did not demonstrate settled intention to treat wife’s child as a child of the marriage (having regard to subsection 2(b) of the Act), so clause 11(4)(b) was not a basis for granting possession. Applications dismissed where neither spouse proved other provision for shelter in the circumstances was not adequate pursuant to clause 11(4)(a).
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