Drouillard v. Drouillard

Drouillard v. Drouillard

The master exercised discretion under the Family Rules and Reilley to refuse an interim sale of the cabin because sale was neither necessary nor expedient: respondent demonstrated ability to service debts and a completed project could increase equity, and an immediate sale would not be advantageous to both parties; however interim spousal support was awarded above the SSAG mid-range ($1,550 per month) because the respondent's unilateral actions increased the mortgage burden on the claimant.

Citation
2012 BCSC 1469
Parties
Claimant: Melanie Jane Drouillard; Respondent: Christopher William Drouillard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 October 2012
Procedural Posture
Family Law Interim Family Application (spousal Support and Property Orders) / Interim Application (post Jcc, Master Decision)
Outcome
Interim relief granted in part and denied in part; application to sell the cabin dismissed
Legal Topics
Interim Spousal Support, Exclusive Occupancy of Family Home, Judicial Sale of Property, Joint Line of Credit Liability, Beneficiary Designation on Life Insurance, Medical and Dental Coverage, Attribution of Income
Source Language
English
Family Law Spousal Support Property Law Insurance/beneficiary Designation Interim Relief Interim Spousal Support Exclusive Occupancy of Family Home Judicial Sale of Property +4 more

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Parties

Melanie Jane Drouillard

Claimant

Christopher William Drouillard

Respondent

Procedural Posture

Family Law Interim Family Application (spousal Support and Property Orders) / Interim Application (post Jcc, Master Decision)

Legal Issues

  1. 1 Whether the cabin property should be sold on an interim basis
  2. 2 Whether interim spousal support should be awarded and in what amount
  3. 3 Whether claimant should have exclusive occupancy of the former family home

Ratio Decidendi

The master exercised discretion under the Family Rules and Reilley to refuse an interim sale of the cabin because sale was neither necessary nor expedient: respondent demonstrated ability to service debts and a completed project could increase equity, and an immediate sale would not be advantageous to both parties; however interim spousal support was awarded above the SSAG mid-range ($1,550 per month) because the respondent's unilateral actions increased the mortgage burden on the claimant.

Court Disposition

Interim relief granted in part and denied in part; application to sell the cabin dismissed

Orders

  • Respondent to pay interim spousal support to the claimant in the amount of $1,550.00 per month commencing October 15, 2012
  • Commencing October 15, 2012, the claimant is to make the payments (apart from the insurance which has been paid) as set out in paragraph 24 of her second affidavit