Supreme Court

Decision Information

Decision Content

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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