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  • Spousal Support - Income Sharing - Advisary Guidlines

    Came across this web page that lists jurisprudence in regards to spousal support advisory guidelines

    http://www.justice.gc.ca/en/dept/pub...ect/app_a.html

    SPOUSAL SUPPORT CASES USING INCOME SHARING

    This appendix lists, in chronological order by jurisdiction, cases that have used some form of income sharing in determining spousal support. Many of the cases use net disposable income calculations generated by computer software, but others rely on percentage distributions of gross income or other formulaic methodologies.

    Alberta

    Lutz v. Vanderlinde, [2001] A.J. No. 923 (Alta. Q.B.)
    B.P.D.N. v. C.M.N., [2002] A.J. No. 230 (Alta. Q.B.)
    Wiesner v. Wiesner, [2002] A.J. No. 1205, (2002), 325 A.R. 32 (Alta. Q.B.)
    Thomas v. Thomas, [2003] A.J. No. 335 (Alta. Q.B.)
    McKinney v. McKineny, [2004] A.J. No. 1149 (Alta. Q.B.)

    British Columbia

    Perris v. Perris, [1997] B.C.J. No. 1134 (B.C.S.C., master)
    Lestage v. Lestage, [1999] B.C.J. NO. 601 (B.C.S.C., master)
    Jessiman v. Jessiman, [2001] B.C.J. No. 2392 (B.C.S.C.)
    Hill v. Magee (2002), 26 R.F.L. (5th) 95 (B.C.S.C.)
    Gilsig v. Gilsig, [2003] B.C.J. No. 967 (B.C.S.C., master)
    Dextraze v. Dextraze, [2004] B.C.J. No. 266 (B.C.S.C.)

    Manitoba

    Gale v. Gale (2000), 6 R.F.L. (5th) 157 (Man. Q.B.)

    Nova Scotia

    Lyttle v. Bourget, [1999] N.S.J. No. 298, (1999), 178 N.S.R (2d) 1 (N.S.S.C.)

    Ontario

    Andrews v. Andrews (1999), 50 R.F.L. (4th) 1 (Ont. C.A.)
    Eddington v. Eddington, [2000] O.J. No. 1131 (Ont. S.C.J.)
    Oddi v. Oddi (2000), 7 R.F.L. (5th) 164 (Ont. S.C.J.)
    Beatty v. Beatty, [2000] O.J. No. 1755 (Ont. S.C.J.)
    Adams v. Adams (2001), 15 R.F.L. (5th) 1 (Ont. C.A.)
    DiManno v. DiManno (2002), 33 R.F.L. (5th) (Ont. S.C.J.)
    Masztics v. Masztics, [2003] O.J. No. 504 (Ont. S.C.J.)
    Innes v. Innes (2003), 44 R.F.L. (5th)113 (Ont. S.C.J.)
    Snjaric v. Snjaric (2003), 48 R.F.L. (5th) (Ont. S.C.J.)
    DiCicco v. DeCicco (2003), 45 R.F.L. (5th) 147 (Ont. S.C.J.)
    Guido v. Guido, [2003] O.J. No. 5019 (Ont. S.C.J.)
    Palmer v. Palmer, [2003] O.J. No. 4374 (Ont. C.A.)
    Damer-Basso v. Basso, [2003] O.J. No. 5048 (Ont. S.C.J.)
    Giguere v. Giguere (2003), 46 R.F.L. (5th) 184 (Ont. S.C.J.)
    Brophy v. Brophy (2004), 45 R.F.L. (5th) 56 (Ont. C.A.)
    Ramdatt v. Ramdatt (2004), 50 R.F.L. (5th) 155 (Ont. S.C.J.)
    Horner v. Horner, [2004] O.J. No. 4268 (Ont. C.A.)

    P.E.I.

    Bastedo v. Bastedo (2000), 191 Nfld. & P.E.I.R. 67 (P.E.I.S.C. T.D.)

    Saskatchewan

    Stevens v. Stevens, [2004] S.J. No. 510, (2004), 252 Sask. R. 166 (Sask. Q.B.)
    Rezansoff v. Rezansoff, [2004] S.J. No. 705 (Sask. Q.B.)

  • #2
    Could you please do a step by step procedure as to how one accesses these cases?

    Comment


    • #3
      Go to the Canlii website below, and on the top right hand corner you will find a search area. Type in the names of the parties. Note that not all cases are published on this site.

      http://www.canlii.org/

      Comment


      • #4
        Thank you. Now how do I do a search on a particular topic. For example I would like to know the judicial standard for tracing gifts and inheritances provided during the course of marriage. As I understand the law, these assets and exempt from sharing with an ex so long as they were kept separate and apart from family assets during the course of marriage. Now how does one prove or trace those assets?

        Comment


        • #5
          Thank you for this post. I was wondering if you have any articles that would address the folloiwng issues:

          1. spousal support (no kids); wife makes 3x less than husband and worked her own job and that of her husbands----when he was sick ran his business--my loss of promotion in helping him build his business and in supporting his mental health issues-----

          2. tracing of funds (inheritance) that were comingled. Inheritance never used in purchasing anything. I did not want to co-mingle---but pressure to do so by spouse----Has anyone one won in regaining their inheritance?????

          3. Hiding of assets---and compensation

          4. compensation for maintaining matrimonial home, moving/sorting through spouse's stuff, moving him out when he refused to come to house


          anything will help thanks

          Comment


          • #6
            Originally posted by mememe View Post
            Thank you for this post. I was wondering if you have any articles that would address the folloiwng issues:

            1. spousal support (no kids); wife makes 3x less than husband and worked her own job and that of her husbands----when he was sick ran his business--my loss of promotion in helping him build his business and in supporting his mental health issues-----

            2. tracing of funds (inheritance) that were comingled. Inheritance never used in purchasing anything. I did not want to co-mingle---but pressure to do so by spouse----Has anyone one won in regaining their inheritance?????

            3. Hiding of assets---and compensation

            4. compensation for maintaining matrimonial home, moving/sorting through spouse's stuff, moving him out when he refused to come to house


            anything will help thanks
            did you notice date of that post? I would recommend you to create new tread with your questions...

            Comment

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