C.E.A. v. M.A.J.A.

C.E.A. v. M.A.J.A.

The application for summary judgment is dismissed because the evidence before the court does not permit reliable findings of fact and credibility necessary to decide issues of permanent spousal support and division of assets; the uncontested divorce is granted.

Source-derived case information.

Citation
2002 BCSC 1329
Parties
Plaintiff: C.E.A.; Defendant: M.A.J.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 September 2002
Procedural Posture
Family Law Divorce and Support / Summary Judgment Application Under Rule 18 a (in Chambers)
Outcome
Application dismissed except that divorce is granted; no order as to costs.
Legal Topics
Interim Support, Permanent Spousal Support, Division of Family Assets, Summary Judgment, Credibility Findings
Source Language
english
Family Law Divorce Spousal Support Property Division Interim Support Permanent Spousal Support Division of Family Assets Summary Judgment +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2
Sign in to unlock

Parties

C.E.A.

Plaintiff

M.A.J.A.

Defendant

Procedural Posture

Family Law Divorce and Support / Summary Judgment Application Under Rule 18 a (in Chambers)

Legal Issues

  1. 1 Whether summary judgment under Rule 18A is appropriate given disputed facts and credibility issues
  2. 2 Whether permanent spousal support should be increased from $800 to $1,000 per month
  3. 3 Whether the plaintiff's asserted 'spirit medium' business establishes need for increased support

Ratio Decidendi

The application for summary judgment is dismissed because the evidence before the court does not permit reliable findings of fact and credibility necessary to decide issues of permanent spousal support and division of assets; the uncontested divorce is granted.

Court Disposition

Application dismissed except that divorce is granted; no order as to costs.

Orders

  • Divorce granted.
  • Application for increased spousal support dismissed.