Breed v. Breed

Breed v. Breed

Given the parties' acrimonious relationship, the petitioner's demonstrated history of disposing and encumbering property without the respondent's knowledge and her proven dishonesty on key documents, the court refused to impose or maintain joint tenancy as security; held that accounts jointly held with petitioner's mother are not exempt from matrimonial assets and awarded respondent a one‑quarter interest of $291,000 (25% = $72,750); characterized portfolio growth as income for support considerations; declined to define future primary care; and denied any retroactive spousal support because petitioner suffered no financial displacement during the period claimed.

Citation
2012 NSSC 285
Parties
Petitioner: Caryn Grace Breed; Respondent: Perley Stephen Breed
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 July 2012
Procedural Posture
Divorce and Corollary Relief (family Law) / Final Trial Judgment
Outcome
Petition granted in part and denied in part: additional security via joint tenancy denied; respondent entitled to 25% of $291,000 in joint mother accounts; portfolio growth characterized as income; cannot predefine primary care; retroactive spousal support denied.
Legal Topics
Security for Spousal Support, Characterization of Investment Growth as Income, Joint Accounts and Matrimonial Asset Exemption, Primary Care/residence for Child Support, Retroactive Spousal Support, Disclosure and Credibility
Source Language
English
Family Law Matrimonial Property Spousal Support Child Support Divorce Act Interpretation Security for Spousal Support Characterization of Investment Growth as Income Joint Accounts and Matrimonial Asset Exemption +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 6 Authorities cited 17 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Caryn Grace Breed

Petitioner

Perley Stephen Breed

Respondent

Procedural Posture

Divorce and Corollary Relief (family Law) / Final Trial Judgment

Legal Issues

  1. 1 Whether the petitioner should remain joint tenant on commercial property as security for spousal support
  2. 2 Whether accounts held jointly by petitioner and her mother are matrimonial assets and whether portfolio growth is income or capital
  3. 3 What constitutes primary care for the parties' younger child for support purposes

Ratio Decidendi

Given the parties' acrimonious relationship, the petitioner's demonstrated history of disposing and encumbering property without the respondent's knowledge and her proven dishonesty on key documents, the court refused to impose or maintain joint tenancy as security; held that accounts jointly held with petitioner's mother are not exempt from matrimonial assets and awarded respondent a one‑quarter interest of $291,000 (25% = $72,750); characterized portfolio growth as income for support considerations; declined to define future primary care; and denied any retroactive spousal support because petitioner suffered no financial displacement during the period claimed.

Court Disposition

Petition granted in part and denied in part: additional security via joint tenancy denied; respondent entitled to 25% of $291,000 in joint mother accounts; portfolio growth characterized as income; cannot predefine primary care; retroactive spousal support denied.

Orders

  • No augmentation of security by keeping petitioner as joint tenant on commercial property; existing insurance/security per the Minutes is sufficient
  • Respondent is entitled to one half of the petitioner's one half interest in the accounts held jointly with her mother (twenty‑five percent of $291,000)