26 Three different rentals have been suggested as being appropriate 200 to 250

26 three different rentals have been suggested as

This preview shows page 6 - 8 out of 11 pages.

26 Three different rentals have been suggested as being appropriate: $200 to $250 (Mr. Edwards); $250 to $300 (Mr. Moore) and $300 (the plaintiff, based on amount being received by Mr. Moss for another property). 27 The matrimonial home has been described as being well maintained. Against this one must
Image of page 6
consider the fact that it is located near Seaside Lodge and the prevalent rental rates in the area. I concluded that $225 is a fair rental rate for the property. For 17 months after separation Mr. Moss continued to make the mortgage payments. Mrs. Moss is entitled to one half (fair rental less mortgage payments): 28 1/2 ($11,700 - 4,270.23) = 3,714.88 29 Following separation Mrs. Moss received payments of $200 per month from Mr. Moss for a period. A total of $1,500 was received in this way. This amount was in Mr. Moss' view to provide Mrs. Moss with accommodation. $1,500 shall be deducted from $3,714.88 for a balance of $2,214.88 owing to date of judgment in respect of occupation rent. Further, upon presentation of proof that Mr. Moss has paid the garbage collection fee of $25 for the years 1982 to 1986 inclusive, there shall be deducted from the amount payable 1/2 ($25 x 5) or $62.50. No other taxes are payable for the area (see D.E. No. 1). There was no evidence respecting payment of insurance for the matrimonial home and it is not considered in the calculation. 30 Until the sale of the matrimonial home the defendant shall pay to the plaintiff occupation rent at the rate of one half ($225 less monthly taxes and insurance) per month as long as he occupies the matrimonial home from 1st November 1986. (iii) Furniture and Effects of the Parties 31 Personal effects are not matrimonial assets and are not divisible under the Act (see s. 16(1) ( b )(iii)). Each party shall retain his or her personal effects. Although both parties accept that the furniture in the matrimonial home acquired from their marriage to June 1982 is subject to division, neither party has attempted to value this property. The parties may divide the furniture in specie. If they are unable to agree on division the furniture shall be sold and the proceeds divided equally between the parties. (iv) Bank Accounts 32 The parties agree on the principle to be applied in dividing their bank accounts. The balance in the accounts as of the date of separation is unknown. The defendant's accountant was able to confirm that as of January 1982 the balances were: in CIBC, $433, and in the Bank of N.S. account, $6,743. In respect of the latter the account was in the name of the parties and their son Craig. The parties agree that Mrs. Moss is entitled to 50 per cent of the balance in the CIBC account and one third of the balance in the Bank of Nova Scotia account. Mr. Moss has had total control of the accounts since separation. During most of the period from January 1982 to June 1982 the parties lived apart and Mrs. Moss had no access to the accounts and received no benefits from them. For the purpose of this application the balances as of January 1982 shall be used and Mrs. Moss is entitled to receive $2,464.16 as her share.
Image of page 7
Image of page 8

You've reached the end of your free preview.

Want to read all 11 pages?

  • Summer '14
  • 1982, Mrs. Moss

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture