Brandon v. Brandon

Brandon v. Brandon

The court held the common shares transferred to the husband in early 2005 were a non‑matrimonial gift and not divisible under s.4(4) because the corporation's property was not used for the family's benefit and the husband derived no benefit from corporate property; depreciable assets are valued at separation (travel trailer fixed at $3,000; 2006 Hyundai Accent at $10,000; Suburban $1,500); RRSPs to be equalized by s.146(16) rollover and DND pension divided equally (Morash calculation); household contents to be inventoried and divided item‑by‑item before sale; matrimonial debts (car loan $19,746, Sears $1,751.49, Leon's $601) are matrimonial and debts and assets must be apportioned to...

Citation
2010 NSSC 394
Parties
Petitioner: Patricia Angela Brandon; Respondent: Gary Keith Brandon
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 October 2010
Procedural Posture
Divorce and Matrimonial Property/support Proceeding (family Division) / Final Judgment (written Decision)
Outcome
Divorce granted; shares in the Ontario company held non‑matrimonial; property division and debt allocation ordered with specific valuations and accounting adjustments; retroactive child support claim dismissed; spousal support entitlement recognized with nominal award and disclosure obligations; costs reserved.
Legal Topics
Asset Classification, Valuation Date, Corporate Shares and S.4(4) Exclusion, Division of Debts, Retroactive Child Support Variation, Pension Division, Costs
Source Language
English
Family Law Matrimonial Property Spousal Support Child Support Property Division Asset Classification Valuation Date Corporate Shares and S.4(4) Exclusion +4 more

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Parties

Patricia Angela Brandon

Petitioner

Gary Keith Brandon

Respondent

Procedural Posture

Divorce and Matrimonial Property/support Proceeding (family Division) / Final Judgment (written Decision)

Legal Issues

  1. 1 Whether common shares in an Ontario company gifted to husband are matrimonial assets under s.4(4) of the Matrimonial Property Act
  2. 2 Valuation dates and valuation of depreciating assets (travel trailer, automobile)
  3. 3 Division and classification of matrimonial debts, including credit line and repayment accounting

Ratio Decidendi

The court held the common shares transferred to the husband in early 2005 were a non‑matrimonial gift and not divisible under s.4(4) because the corporation's property was not used for the family's benefit and the husband derived no benefit from corporate property; depreciable assets are valued at separation (travel trailer fixed at $3,000; 2006 Hyundai Accent at $10,000; Suburban $1,500); RRSPs to be equalized by s.146(16) rollover and DND pension divided equally (Morash calculation); household contents to be inventoried and divided item‑by‑item before sale; matrimonial debts (car loan $19,746, Sears $1,751.49, Leon's $601) are matrimonial and debts and assets must be apportioned to...

Court Disposition

Divorce granted; shares in the Ontario company held non‑matrimonial; property division and debt allocation ordered with specific valuations and accounting adjustments; retroactive child support claim dismissed; spousal support entitlement recognized with nominal award and disclosure obligations; costs reserved.

Orders

  • Divorce granted to petitioner
  • Matrimonial home to be sold; parties to agree which items (if any) sell with house; household contents to be inventoried by both parties by end of November 2010 and divided by alternate selection prior to closing