Morash v. Morash

Morash v. Morash

The court awarded the Bass River cottage in its entirety to the Respondent based on his superior, lifelong family connection and the need for a clean break; ordered payment to the Petitioner of one-half the cottage market value ($52,000 total, Petitioner to receive $26,000) and one-half of the cottage contents value...

Source-derived case information.

Citation
2003 NSSC 63
Parties
Petitioner: Carol Morash; Respondent: Frederick Morash
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 December 2002
Procedural Posture
Divorce / Final Decision / Corollary Relief to Be Entered
Outcome
Divorce granted; corollary relief orders issued resolving property, pension and severance disputes; each party to bear their own costs.
Legal Topics
Cottage Property, Pension Division, Severance / Bonus, Joint Tenancy / Estate Planning, Division of Matrimonial Assets, Costs
Source Language
english
Family Law Divorce Property Law Pension Law Employment / Severance Cottage Property Pension Division Severance / Bonus +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Carol Morash

Petitioner

Frederick Morash

Respondent

Procedural Posture

Divorce / Final Decision / Corollary Relief to Be Entered

Legal Issues

  1. 1 Who retains the cottage property
  2. 2 Whether pre-marriage pension benefits are divisible
  3. 3 Whether post-separation severance/bonus is a matrimonial asset subject to division

Ratio Decidendi

The court awarded the Bass River cottage in its entirety to the Respondent based on his superior, lifelong family connection and the need for a clean break; ordered payment to the Petitioner of one-half the cottage market value ($52,000 total, Petitioner to receive $26,000) and one-half of the cottage contents value ($1,100 total, Petitioner to receive $550); excluded pre-marriage pension accruals from equalization and excluded the post-separation severance/bonus from matrimonial division because it was conditional, unvested and tied to non-competition and other obligations, while enforcing the Respondent's concession to divide bonus amounts earned up to the date of separation...

Court Disposition

Divorce granted; corollary relief orders issued resolving property, pension and severance disputes; each party to bear their own costs.

Orders

  • Divorce to issue.
  • Respondent Frederick Morash awarded the Bass River cottage (four acre lot) by quit claim deed.