LeBlanc v. LeBlanc

LeBlanc v. LeBlanc

The court found a collateral contract existed for payment of half the roof repair (offer, acceptance, consideration and objective intention satisfied) and awarded half the actual repair cost plus fees; the Claimant failed to prove the LIF was concealed, so the Separation Agreement operates as a full and final settlement and the LIF claim is dismissed (matrimonial asset division would be for the Supreme Court if concealment were shown).

Citation
2025 NSSM 30
Parties
Claimant: Guillaume LeBlanc; Defendant: Paulette LeBlanc
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 July 2025
Procedural Posture
Small Claims Court / Decision
Outcome
Claim partially allowed: award granted for half the roof repair and related fees; claim respecting the LIF dismissed.
Legal Topics
Separation Agreement, Matrimonial Property, Collateral Contract, Estoppel, Jurisdiction, Disclosure of Assets, Harassment/no Contact Clause, Damages
Source Language
English
Family Law Contract Law Property Law Civil Procedure Separation Agreement Matrimonial Property Collateral Contract Estoppel +4 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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Guillaume LeBlanc

Claimant

Paulette LeBlanc

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether roof repair cost is a matrimonial debt and whether a Separation Agreement that is a full and final settlement precludes sharing that debt
  2. 2 Whether the Life Income Fund (LIF) was a matrimonial asset concealed by the Defendant and therefore divisible despite the Separation Agreement

Ratio Decidendi

The court found a collateral contract existed for payment of half the roof repair (offer, acceptance, consideration and objective intention satisfied) and awarded half the actual repair cost plus fees; the Claimant failed to prove the LIF was concealed, so the Separation Agreement operates as a full and final settlement and the LIF claim is dismissed (matrimonial asset division would be for the Supreme Court if concealment were shown).

Court Disposition

Claim partially allowed: award granted for half the roof repair and related fees; claim respecting the LIF dismissed.

Orders

  • Claimant awarded $4,743.75 for half of the roof repair costs.
  • Claimant awarded filing fee of $199.35 and service fee of $150.00.