S.C.A. No. 02548 IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION Clarke, C.J.N.S.; Hallett and Chipman, JJ.A. BETWEEN: STEPHEN LEWIS JENKINS and CHERYL ANN JENKINS Respondent Darrell E. Dexter and M. Jean Beeler for the Appellant Deborah I. Kitson‑Conrad for the Respondent Appeal Heard: April 14, 1992 Judgment Delivered: April 14, 1992 THE COURT: The appeal is dismissed as per oral reasons for judgment of Chipman, J.A.; Clarke, C.J.N.S. and Hallett, J.A., concurring. The reasons for judgment of the Court were delivered orally by CHIPMAN, J.A.: This is an appeal from corollary relief judgment of Mr. Justice Richard dividing matrimonial assets and from an order for support of the children of the marriage, with respect to its effective commencement date. Mr. Justice Richard divided the matrimonial assets equally. The appellant, the husband, contends that he should have included in those assets money manager bank account. The account was in the wife's name alone and was valued at $5,961.20 at the time of separation. By the time of trial, this balance was reduced to approximately $100.00. The wife\'s testimony was ‑that when she went back to work, the marriage was in difficulty and that it was unlikely that the parties would be staying together. Her uncontradicted evidence was that it was agreed by the parties at that time that what she made should be hers. She was attempting to save money to cover legal costs and additional expenses respecting herself and the children. Some of the money was used to purchase furniture. The trial judge observed in his decision that the furniture had already been divided equally by the parties and did not require consideration by him. We are satisfied that the trial judge did not err in not finding that this spent money should be included in the division, in the unusual circumstances of this case. Mr. Justice Richard fixed the support for the children at $1,000.00 per month and set the effective date retroactively to March 1, 1991. The appellant seeks an earlier effective date so that he can obtain income tax deductions for certain monies which he said he paid prior to March 1, 1991 covering largely expenses relating to the matrimonial home in which the wife was living with the children. We see no error on the part of Mr. Justice Richard in exercising his discretion to fix the effective date of the order as March 1, 1991. The appeal is dismissed, in the circumstances with costs, which we fix at $750.00, plus disbursements to be taxed. J. A. Concurred in: Clarke, C.J.N.S. Hallett, J.A. CANADA PROVINCE OF NOVA SCOTIA 1991 1201‑043175 IN THE SUPREME COURT OF NOVA SCOTIA TRIAL DIVISION BETWEEN: CHERYL ANN JENKINS Petitioner ‑and- STEVEN LEWIS JENKINS Respondent HEARD BEFORE: The Honourable Mr. Justice K. Peter Richard PLACE HEARD: Halifax, Nova Scotia DATES HEARD: February 18, 1991 COUNSEL: Ms. Deborah Conrad, for the Petitioner Mr. Darrell Dexter, for the Repondent S.C.A. No. 02548 IN THE SUPREME COURT OF NOVA APPEAL DIVISION BETWEEN: STEPHEN LEWIS JENKINS and CHERYL ANN JENKINS Respondent REASONS FOR JUDGMENT BY: CHIPMAN, J.A. (Orally)
The trial judge's decision fixing a retroactive effective date for child support was also upheld as there was no error on the part of the trial judge in fixing the date.,the Appeal Division upheld the trial judge's decision which did not include in the division of matrimonial assets a bank account held in the wife's name alone where the uncontradicted evidence of the wife was that the spouses had agreed when the wife went back into the work force that anything she earned would be hers. At the time of this agreement the marriage was already in difficulty.