Cohen v. Cohen (1995), 64 B.C.A.C. 154 (CA);
105 W.A.C. 154
MLB headnote and full text
Janet Josephine Cohen (petitioner/respondent/appellant on cross-appeal) v. Amnon Michel Cohen (respondent/appellant/respondent on cross-appeal)
(V01757)
Indexed As: Cohen v. Cohen
British Columbia Court of Appeal
Southin, Legg and Hinds, JJ.A.
September 8, 1995.
Summary:
In a matrimonial proceeding, a trial judge ordered the husband to pay lump sum spousal maintenance by transferring his one-half interest in the family residence to the wife in trust for the three children of the marriage. The wife cross-appealed.
The British Columbia Court of Appeal allowed the cross-appeal.
Family Law – Topic 880.14
Husband and wife – Marital property – Distribution orders – Orders respecting title – [See
Family Law – Topic 4011
].
Family Law – Topic 954
Husband and wife – Marital property – Distribution orders – Practice – Use or possession of property – [See
Family Law – Topic 4011
].
Family Law – Topic 4011
Divorce – Corollary relief – Maintenance awards – Lump sum – A wife was the principal breadwinner for her husband and three children – The husband made little more than a minimal contribution to the family – The greater burden of housekeeping and child rearing also fell on the wife – The British Columbia Court of Appeal held that a trial judge erred by awarding lump sum maintenance to the wife by ordering that the husband’s one-half interest in the family residence be transferred to the wife in trust for the three children – The court held that this ignored the jurisdiction to make a property division under s. 51 of the Family Relations Act – The court transferred the husband’s interest to the wife absolutely.
Statutes Noticed:
Family Relations Act, R.S.B.C. 1979, c. 121, sect. 51 [para. 7].
Counsel:
Richard Heiser, for the appellant on the cross-appeal, Janet Josephine Cohen;
Zofia Tabaczuk-Porter, for the respondent on the cross-appeal, Amnon Michel Cohen.
This cross-appeal was heard in Victoria, British Columbia, before Southin, Legg and Hinds, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on September 8, 1995, and the following opinions were filed:
Southin, J.A. – see paragraphs 1, 9, 11;
Legg, J.A. – see paragraphs 2 to 8;
Hinds, J.A. – see paragraph 10.
