Cole v. Luckman

Cole v. Luckman

The Court accepted unequal business-sharing results based on assessed contributions: matrimonial assets divided equally; business assets divided proportionately (applicant awarded 15% of net farming assets and 10% of farrier assets); parties retain assets in their possession; respondent assumes matrimonial and business debts; net result requires Ms. Luckman to pay Mr. Cole $2,546; no spousal support ordered given respondent's assessed inability to pay despite an acknowledged entitlement to compensatory support.

Citation
2012 NSSC 118
Parties
Petitioner/responding Party: Kenneth Gary Cole; Respondent/moving Party: Patricia Lee Luckman (Cole)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 March 2012
Procedural Posture
Post Divorce Motion for Division of Assets and Spousal Support / Post Divorce Reserved Issues Motion — Decision
Outcome
Decision for respondent on net payout and spousal support; equal division of matrimonial assets; proportionate division of business assets (15% farming, 10% farrier to applicant); each party retains assets in possession; respondent assumes debts; applicant ordered to pay respondent net $2,546; no spousal support...
Legal Topics
Asset Division, Business Asset Compensation Under S.18, Spousal Support Entitlement and Ability to Pay, Credibility of Witnesses, Equalization Payment, Costs
Source Language
English
Family Law Matrimonial Property Spousal Support Property Division Business Assets Asset Division Business Asset Compensation Under S.18 Spousal Support Entitlement and Ability to Pay +3 more

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Parties

Kenneth Gary Cole

Petitioner/responding Party

Patricia Lee Luckman (Cole)

Respondent/moving Party

Procedural Posture

Post Divorce Motion for Division of Assets and Spousal Support / Post Divorce Reserved Issues Motion — Decision

Legal Issues

  1. 1 credibility and reliability of witnesses
  2. 2 appropriate division of matrimonial assets and debts
  3. 3 appropriate division and compensatory share of business assets and debts (s.18 Matrimonial Property Act)

Ratio Decidendi

The Court accepted unequal business-sharing results based on assessed contributions: matrimonial assets divided equally; business assets divided proportionately (applicant awarded 15% of net farming assets and 10% of farrier assets); parties retain assets in their possession; respondent assumes matrimonial and business debts; net result requires Ms. Luckman to pay Mr. Cole $2,546; no spousal support ordered given respondent's assessed inability to pay despite an acknowledged entitlement to compensatory support.

Court Disposition

Decision for respondent on net payout and spousal support; equal division of matrimonial assets; proportionate division of business assets (15% farming, 10% farrier to applicant); each party retains assets in possession; respondent assumes debts; applicant ordered to pay respondent net $2,546; no spousal support...

Orders

  • Each party shall retain the matrimonial and business assets in his or her possession
  • Mr. Cole shall be solely responsible for the matrimonial and business debts