Bruce v. Ramey

Bruce v. Ramey

The Court granted divorce and found Petitioner entitled to spousal support (retroactive and ongoing). The client book and certain business shares and winery interests are business assets not matrimonial; Petitioner has no interest in the client book or numbered company shares or the Blomidon Winery or...

Source-derived case information.

Citation
2016 NSSC 31
Parties
Petitioner: Alexandra Margaret Bruce; Respondent: Gary Anthony Ramey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 January 2016
Procedural Posture
Divorce (family Division) / Final Judgment After Trial and Written Submissions
Outcome
Divorce granted; mixed relief awarding property and debt allocations and spousal support as specified; jurisdiction reserved for implementation issues
Legal Topics
Retroactive Spousal Support, Ongoing Spousal Support, Matrimonial Property Act S.4, Matrimonial Property Act S.18, Division of Household Contents, Classification of Business Vs Matrimonial Assets, Adverse Inference for Failure to Produce Records, Order for Sale of Assets, Review of Spousal Support
Source Language
english
Family Law Matrimonial Property Spousal Support Debt Allocation Business Asset Classification Retroactive Spousal Support Ongoing Spousal Support Matrimonial Property Act S.4 +6 more

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Parties

Alexandra Margaret Bruce

Petitioner

Gary Anthony Ramey

Respondent

Procedural Posture

Divorce (family Division) / Final Judgment After Trial and Written Submissions

Legal Issues

  1. 1 Is Petitioner entitled to spousal support and, if so, quantum and duration?
  2. 2 Which assets and debts are matrimonial versus business under the Matrimonial Property Act s.4?
  3. 3 Does Petitioner have an interest in Respondent's client book and is compensation owed under s.18?

Ratio Decidendi

The Court granted divorce and found Petitioner entitled to spousal support (retroactive and ongoing). The client book and certain business shares and winery interests are business assets not matrimonial; Petitioner has no interest in the client book or numbered company shares or the Blomidon Winery or post‑separation Annapolis property. The 2003 mortgage increase was a joint responsibility; the 2008 mortgage increase of $101,000 was attributed solely to Respondent and must be accounted for against current mortgage principal when calculating home equity. Respondent failed to produce records for the investment vehicle business; an adverse inference was drawn and Respondent was held solely...

Court Disposition

Divorce granted; mixed relief awarding property and debt allocations and spousal support as specified; jurisdiction reserved for implementation issues

Orders

  • Pay Petitioner $6000 to compensate for unequal division of household contents
  • Determine home equity after reducing current mortgage principal to reflect that the 2008 mortgage increase of $101000 is solely Respondent's debt; amortize that amount in proportion to mortgage paydown to identify portion remaining attributed to Respondent; use current market value to calculate equity and divide...