Supreme Court

Decision Information

Decision Content

                          IN THE SUPREME COURT OF NOVA SCOTIA

                               Citation: Coolen v. Coolen, 2004 NSSC 1

 

                                                                                                   Date:  20040105

                                                                                         Docket:   1204-003456

                                                                                              Registry:  Kentville

 

Between:

                                              Brenda Louise Coolen

                                                                                                              Petitioner

                                                             v.

 

                                               Robert Brian Coolen

                                                                                                           Respondent

 

 

                                                                LIBRARY HEADING

 

 

Judge:                        The Honourable Justice Gregory Warner

 

Heard:                       In Kentville, N.S., on December 19, 2003

 

Subject:                     Divorce - Corollary relief - entitlement and quantum of spousal support

 

Issue:                         What is the onus on a spouse to establish disability and entitlement and quantum of spousal support?

 

Summary:                 Parties married in 1973 and separated in 2002.  Two grown children.  Early in marriage wife diagnosed with multiple sclerosis and other illnesses and ceased employment.  At trial, wife testified she had been in remission for over 4 years and received no treatment nor consulted any doctors.  She had volunteered for several months at a daycare.  No medical reports were tendered as to wifes present condition or her capacity to obtain any employment.  Full self-sufficiency not in issue. 

 


Result:                   Onus is on a spouse, on a balance of probabilities, to establish entitlement under at least one of the four statutory objectives of s. 15.2(6) of Divorce Act.  Despite wifes evidence that she was in remission for a long time, and despite the absence of any medical evidence as to her present condition and its impact on her ability to contribute to her own support, spousal support was granted on the basis of the third statutory objective.  Support was made subject to review within one year to receive medical evidence.

 

 

 

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