Blais v. Blais

Blais v. Blais

Given the limited issues and trial duration, the unsettled nature of law on severance pay, and the facts that the wife obtained substantially what she offered yet her offer likely would not have been accepted, the court found the 'amount involved' was under $25,000 and applied Scale 3 to award costs of $5,000 plus reasonable disbursements; the court also held the husband's anticipated severance allowance is a matrimonial asset and ordered spousal support of $400 monthly.

Citation
2006 NSSC 301
Parties
Petitioner: Ralph Blais; Petitioner by Counter Petition: Doreen Blais
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 October 2006
Procedural Posture
Divorce (family Division, Supreme Court of Nova Scotia) / Costs Decision (post Trial)
Outcome
Costs awarded to the wife; severance allowance classified as matrimonial asset; spousal support ordered.
Legal Topics
Spousal Support, Division of Matrimonial Property, Severance Allowance, Costs, Offers to Settle
Source Language
English
Family Law Civil Procedure Spousal Support Division of Matrimonial Property Severance Allowance Costs Offers to Settle

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Parties

Ralph Blais

Petitioner

Doreen Blais

Petitioner by Counter Petition

Procedural Posture

Divorce (family Division, Supreme Court of Nova Scotia) / Costs Decision (post Trial)

Legal Issues

  1. 1 Whether the husband's anticipated severance allowance is a matrimonial asset subject to division
  2. 2 Entitlement and quantum of spousal support
  3. 3 Appropriate measurement of the 'amount involved' for costs in a family/divorce action

Ratio Decidendi

Given the limited issues and trial duration, the unsettled nature of law on severance pay, and the facts that the wife obtained substantially what she offered yet her offer likely would not have been accepted, the court found the 'amount involved' was under $25,000 and applied Scale 3 to award costs of $5,000 plus reasonable disbursements; the court also held the husband's anticipated severance allowance is a matrimonial asset and ordered spousal support of $400 monthly.

Court Disposition

Costs awarded to the wife; severance allowance classified as matrimonial asset; spousal support ordered.

Orders

  • Costs awarded to the wife in the amount of $5,000 plus reasonable disbursements
  • Spousal support for the wife ordered at $400 per month