Hunks v. Hunks

Hunks v. Hunks

Payments from the SS Annuity arise from a structured settlement funded and owned by the insurer, not received by the wife as a lump sum, and function to replace income lost due to personal injury; they are analogous to disability benefits rather than a pension and therefore, for Family Law Act purposes, post‑separation SS Annuity payments are income and not property (so s.4(2)3 exclusion need not be reached).

Citation
2017 ONCA 247
Parties
Applicant (appellant): Donna Jean Hunks; Respondent: Gary Eugene Hunks
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 March 2017
Procedural Posture
Family Law Appeal / Appeal From Order of Superior Court of Justice (trial Decision Dated September 16, 2015)
Outcome
Appeal allowed; Order below set aside; declared SS Annuity payments post-separation to be income for purposes of the Family Law Act; costs awarded.
Legal Topics
Structured Settlement, Net Family Property (nfp), Spousal Support, Exclusion of Damages Under S.4(2)3, Income Vs Property Classification, Procedural Fairness, Costs
Source Language
English
Family Law Personal Injury Property Law Tax Structured Settlement Net Family Property (nfp) Spousal Support Exclusion of Damages Under S.4(2)3 +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Donna Jean Hunks

Applicant (appellant)

Gary Eugene Hunks

Respondent

Procedural Posture

Family Law Appeal / Appeal From Order of Superior Court of Justice (trial Decision Dated September 16, 2015)

Legal Issues

  1. 1 Whether SS Annuity payments are income or property under the Family Law Act
  2. 2 Whether SS Annuity payments are excluded property under s.4(2)3 of the Family Law Act
  3. 3 Whether it was procedurally fair to decide exclusion under s.4(2)3 without an evidentiary record

Ratio Decidendi

Payments from the SS Annuity arise from a structured settlement funded and owned by the insurer, not received by the wife as a lump sum, and function to replace income lost due to personal injury; they are analogous to disability benefits rather than a pension and therefore, for Family Law Act purposes, post‑separation SS Annuity payments are income and not property (so s.4(2)3 exclusion need not be reached).

Court Disposition

Appeal allowed; Order below set aside; declared SS Annuity payments post-separation to be income for purposes of the Family Law Act; costs awarded.

Orders

  • Set aside trial judge order dated September 16, 2015
  • Declare that SS Annuity payments post-separation are to be treated as income and not as property under the Family Law Act