SCC: Under bankruptcy law, divorcee cleared of payments
Updated: Thu Jul. 14 2011 09:29:02
CTV News.ca Staff
A Manitoba woman will get nothing after her ex-husband declared bankruptcy following their divorce, effectively clearing him from a debt to his former wife but allowing him to keep the couple's assets.
The Supreme Court of Canada issued the unanimous decision Thursday morning in the Schreyer versus Schreyer case, dismissing an appeal filed by the wife.
However, the court said in its judgment that Parliament needs to act to close the loophole that allowed the situation to occur.
"Despite the apparent injustice of the outcome, it is impossible to wish away the fact and problem of the respondent's bankruptcy," wrote Justice J. Lebel, delivering the court's judgment.
"The issue of the legal effect of Mr. Schreyer's bankruptcy and discharge must be resolved."
The couple, first married in 1980, then had a bitter separation in 1999 before filing for divorce in 2000.
Under the terms of their divorce, the husband continued to live on the family farm, and the couple agreed to an assessment of their assets.
After the evaluation was complete, the husband would have to make an equalization payment to effectively buy out his wife's share of the value of the assets.
However, the husband declared bankruptcy before the evaluation was complete.
When the evaluation was eventually completed, it was determined that the husband owed his wife $41,063.48 in equalization payments.
But in November, 2002, the husband was discharged from bankruptcy, and was therefore cleared of the debt he owed his ex-wife, who was considered one of his creditors.
"In its current form, the BIA (Bankruptcy and Insolvency Act) offers limited remedies to a spouse in the wife's position," the judgment stated.
"In this regard, family law may provide them with other forms of remedies after the bankrupt has been discharged, more particularly through spousal support."
The Supreme Court's judgment went on to say the case effectively represented a clash between family law and bankruptcy law, and said the two should be made to "work together rather than at cross-purposes."
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lolz
Something about this brings a smile to my face.
No Period Just Discharge - News
Oh and by the way, I hope she finds herself because I have no idea who she is anymore. in 2011 - over 100 years since women were no longer considered property and we are still treating them as such - bottom line - 50-50 spilt period whether both
Jon Davidson of Lambda Legal reminds us of this litany of issues, including "whether those discharged in the past pursuant to that policy under less than honorable circumstances (or with a notation in their records about the grounds for discharge)
Period. If it had been a row boat full of girl scouts, the emphasis would have been on beating the Russians. America saw no financial profit in space, otherwise corporate money would have taken over. Right now, there appears to be little money to be
A crack in one of the segments in the discharge end of the SAG mill was identified earlier in the week. The SAG mill was shut down and will now be disassembled and repaired. CGA Mining said that full technical assessments are not yet available,
Tieton Dam, 40 miles west of the city of Yakima, has an annual discharge of approximately 350000 acre feet. Flow releases peak in the spring and fall, concurrent with spring runoff and the fall irrigation season. From Aug. 28, 2009, to Oct. 11, 2009,
vaginapagina: BC + Ovulation/discharge?
I've been on birth control for about 4 years now, and I use it to regulate my periods. My doc says I should let myself have a period once every three months or so, which I try to do but sometimes lose track. I'm religious about taking my pill around the same time every day (I give myself an hour of leeway, but very rarely stray from that). I'm on Apri, and have been since I started. I notice that the longer I go between periods, the more discharge I tend to have. Is there a way to distinguish if it's ovulation vs normal discharge? My partner and I use it as our only method of protection as we're in a committed relationship and STD free. I just started a new pack and plan on not skipping my next period. Some people get ovulation-like discharge when they're on HBC, just in general. (HBC thickens cervical mucous to make it harder for sperm to get through, as well as the whole "no ovulation" aspect, so discharge changes are pretty common -- either thickening, drying up, getting wetter, having ovulation-like discharge...) It isn't a sign of anything except that HBC affects everyone differently. Not sure why it becomes more obvious the longer you go between withdrawal bleeds, but I'd guess it's just Something Hormonal, or perhaps it's more noticeable after a while because it is thick, moves slowly, and hasn't been washed out by the withdrawal bleed?
... not to discharge him without just cause, to promote him according to .... No period was specified for the continuance of the service of the plaintiff. ...