Supreme Court of Nova Scotia
(FAMILY DIVISION)
Citation: Murphy v. Murphy, 2018 NSSC 108
Date: 2018-06-01
Docket: Halifax No.1201-067080; (086351)
Registry: Halifax
Between:
Donna Murphy
Applicant
v.
Gerald Murphy
Respondent
Library Heading
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Judge: |
The Honourable Justice Moira Legere Sers |
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Heard: |
March 27, 2018 in Halifax, Nova Scotia |
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Final Written Submissions: |
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Written Decision: |
June 1, 2018 |
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Subject: |
Nova Scotia Civil Procedure Rule 80.02 Enforcement of Divorce Judgement: |
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Summary: |
Respondent retained and dissolved Matrimonial Assets post separation and post decision. An Execution Order and civil contempt provided minimal relief. |
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Issues: |
(1) How to secure remaining assets. (2) Incarceration as a form of relief |
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Result: |
Sheriff authorized to transfer remaining pre and post matrimonial assets in Respondent’s name to the Petitioner. Discussion of incarceration as a remedy for deliberate breach of court order. |
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