Theriault v. Theriault
The appeal is allowed to amend the corollary relief judgment by deleting s.2(b) and substituting an order requiring the respondent to sell the fishing business assets on or before December 31, 2006 and to pay the petitioner 30% of the net proceeds; all other aspects of the corollary relief judgment are confirmed.
Source-derived case information.
- Citation
- 2003 NSCA 90
- Parties
- Appellant: Marjorie Ella Theriault; Respondent: Walter Ross Theriault
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 September 2003
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed without costs; corollary relief judgment amended as to s.2(b) and otherwise confirmed.
- Legal Topics
- Corollary Relief, Asset Sale Deadline, Fishing Business, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marjorie Ella Theriault
Appellant
Walter Ross Theriault
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred by failing to provide a final date for disposal of the fishing businesses
- 2 Whether the corollary relief order should be amended to set a deadline for sale and a division of proceeds
Ratio Decidendi
The appeal is allowed to amend the corollary relief judgment by deleting s.2(b) and substituting an order requiring the respondent to sell the fishing business assets on or before December 31, 2006 and to pay the petitioner 30% of the net proceeds; all other aspects of the corollary relief judgment are confirmed.
Court Disposition
Appeal allowed without costs; corollary relief judgment amended as to s.2(b) and otherwise confirmed.
Orders
- Corollary relief judgment amended: delete s.2(b) and substitute: 'The respondent shall sell the assets of the said fishing businesses on or before December 31, 2006, and upon such sale shall pay to the petitioner 30% of the net proceeds of the sale.'
- In all other respects the corollary relief judgment is confirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Theriault v. Theriault Court Court of Appeal Date 2003-09-09 Citation 2003 NSCA 90 Docket CA 188385 Judge/Registrar/Adjudicator Saunders, Jamie W. S. (Honourable Justice) (CA); Glube, Constance R. (Honourable Chief Justice) (CA); Oland, Linda L. (Honourable Justice) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Theriault v. Theriault, 2003 NSCA 90 Date: 20030909 Docket: C.A. 188385 Registry: Halifax Between: Marjorie Ella Theriault Appellant v. Walter Ross Theriault Respondent Judge(s): Glube, C.J.N.S.; Saunders and Oland, JJ.A. Appeal Heard: September 9, 2003, in Halifax, Nova Scotia Written Judgment: September 10, 2003 Held: Appeal is allowed without costs, per oral reasons for judgment of Glube, C.J.N.S.; Saunders and Oland, JJ.A. concurring. Counsel: Andrew S. Nickerson, Q.C. for the appellant Donald Fraser, for the respondent Reasons for judgment: [1] Based upon the evidence presented at trial, we see no reversible error in the manner in which the trial judge disposed of this case, except for a minor omission, namely, providing a final date for disposing of the fishing businesses. [2] In light of the fact that the respondent’s date of birth is July 20, 1941, and his evidence “that he would like to continue as a fisherman until age 65", we would amend the corollary relief judgment by deleting s. 2(b) and substituting the following: 2(b) The respondent shall sell the assets of the said fishing businesses on or before December 31, 2006, and upon such sale shall pay to the petitioner 30% of the net proceeds of the sale. [3] In all other respects, the corollary relief judgment is confirmed. [4] The appeal is allowed without costs. Glube, C.J.N.S. Concurred in: Saunders, J.A. Oland, J.A.