Case information
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34539
Raymond Edward Yorke v. Georgina M.E. Yorke
(New Brunswick) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-05-14 | Close file on Leave | |
| 2012-05-11 | Certificate of taxation issued to, P. J. C. White | |
| 2012-05-10 | Decision on the bill of costs, in the amount of $928.48, Reg | |
| 2012-05-10 | Submission of the bill of costs, Reg | |
| 2012-04-03 | Bill of costs, (Fees missing-rec'd April 25/12), Completed on: 2012-04-25 | Georgina M.E. Yorke |
| 2012-03-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-23 | Judgment on leave sent to the parties | |
| 2012-03-22 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 95-10-CA, 2011 NBCA 79, dated September 22, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-02-20 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2011-12-20 | Respondent's response on the application for leave to appeal, Completed on: 2011-12-20 | Georgina M.E. Yorke |
| 2011-12-05 | Motion to extend the time to file and or serve the application for leave to appeal, (fee missing - rec'd Dec 7, 2011) (service missing rec'd dec 14, 2011), Completed on: 2011-12-14 | Raymond Edward Yorke |
| 2011-11-29 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-11-22 | Book of authorities, service missing, rec'd Feb 23, 2012 | Raymond Edward Yorke |
| 2011-11-22 | Application for leave to appeal, service and motion to extend, rec'd Dec 5, 2011 service missing, rec'd Dec 14, 2011, certified copy of the CA order rec'd Dec 21, 2011, Completed on: 2011-12-14 | Raymond Edward Yorke |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Yorke, Raymond Edward | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Yorke, Georgina M.E. | Respondent | Active |
Counsel
Party: Yorke, Raymond Edward
Counsel
885 Dannells Drive
Saint John, New Brunswick
E2M 5A9
Telephone: (506) 634-1600
FAX: (506) 634-0740
Email: kmccurdy@mosherchedore.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Yorke, Georgina M.E.
Counsel
PO Box 1098, Stn. Main
Hampton, New Brunswick
E5N 8H1
Telephone: (506) 832-3403
FAX: (506) 832-3640
Email: pwhite@nbnet.nb.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Family law – Family assets – Unequal division – Husband bringing almost all assets into marriage – Parties separating after 16 years of cohabitation and 12 years of marriage – Husband petitioning for unequal division of assets in his favour - Whether appellate court erred in overturning decision of court of first instance where there was no error of law, principle or misapprehension of evidence - Whether appellate court erred in reversing the evidentiary onus to the owner of pre-marital asset to establish that pre-marital asset not a “family asset” and that RRSP acquired prior to the marriage was a “family asset” within the meaning of the Marital Property Act, S.N.B. 1980, c. M1.1 - Whether appellate court erred in is assessment of costs
The husband is 82 years old and the wife is 75. They began cohabiting with one another in 1981, when the wife moved into the home the husband had owned since 1966. Their marriage in 1997 was a second one for the husband and a third one for the wife. There were no children of the marriage. The parties separated in 2009. Most of the assets, including the marital home, investments, RRSPs and personal savings accounts were owned by the husband prior to the commencement of their relationship. The wife had a few thousand dollars that she had invested in an RRSP. Throughout their cohabitation and marriage, the husband paid for virtually all of their living expenses, depositing money each month into a joint account which the wife could use for household expenses. She did not work outside of the home. The husband, who was retired, used his investments to pay for larger expenses such as vehicles and vacations. Both were in receipt of Old Age Security and CPP, and the husband was also drawing down his RRIF at the rate of $2,000 per month. The husband petitioned for divorce, seeking an unequal division of assets. The wife sought an equal division of the assets and spousal support.
Lower court rulings
Court of Queen’s Bench of New Brunswick
FDSJ-445-09, 2010 NBQB 230
Unequal division of marital home ordered; Husband’s RRIF and personal bank accounts exempt from division; Wife to retain personal RRSP; lump sum spousal support for wife ordered.
Court of Appeal of New Brunswick
95-10-CA, 2011 NBCA 79
Wife’s appeal allowed; equal division of assets, including marital home, husband’s bank accounts and RRIF, ordered; no support for wife
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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