Hauk-Jones v Jones, 2013 ABQB 11

Court of Queen ’ s Bench of Alberta Citation: Hauk-Jones v Jones, 2013 ABQB 11 Date: 20130107 Docket: 4801 150171 Registry: Calgary Between: Barbara Hauk-Jones Plaintiff - and - Lloyd Seigmund Jones Defendant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice W.P. Sullivan _______________________________________________________ Introduction [ 1 ] The parties married in 1994 and ceased cohabitating on December 1, 2006. There are no children of this relationship. The Statement of Claim for divorce and division of matrimonial property was filed on November 7, 2011. A defence has not been filed. An application for

Summary Trial was filed on July 13, 2012 and proceedings to determine the issues, by consent, were conducted on December 6, 2012. Assets

[ 2 ] Notwithstanding a Notice to Disclose and financial disclosure provided from time to time commencing on November 8, 2011, the Court is left with an imperfect record. Nonetheless the parties are anxious to have a resolution. I am satisfied that there is sufficient information before the Court that can allow a decision to be made with respect to the division of matrimonial property. [ 3 ] During the course of the marriage, in 1995, the parties acquired MJ’s Liquor Store. The Plaintiff was the bookkeeper for the business.

The Defendant was the sole director and shareholder. [ 4 ] The business was sold by the Defendant on June 17, 2011. It appears at the time of the sale, the sale value was set at $325,000. Inventory was apparently valued at $176,000 and there were retained earnings of no real value, as of October 31, 2010 in the company of $399,591.

At the time of the sale, the Defendant retained for his own personal use all of the sale proceeds and the $119,596.23 in an RBC Corporate Bank Account. [ 5 ] It appears from the record that has been produced to the Court that on July 4, 2011, the Defendant deposited into the RBC Corporate Bank Account a total $698,676.48. For our purposes then it is reasonable to state that at the time of valuation for division of matrimonial assets, after the sale of the business, the Defendant had cash assets of approximately $700,000. [ 6 ] The Plaintiff is living in the matrimonial home with a market value of $415,000.

She has been paying since the time of separation all of the expenses for the maintenance of the home but has not been charged with any occupation and use. I find that the use and occupation offset the house operating expenses. [ 7 ] The Plaintiff is also the owner of an Alberta Teachers Pension Fund and admits that the Defendant’s entitlement of a share of her pension is valued in the amount of $200,017. [ 8 ] The parties also own a share in an RV park in British Columbia.

I am satisfied this share is worthless. [ 9 ] In addition to all of the above, the Plaintiff has a Scotiabank Savings Account with $153,407 on deposit as of November, 2011. [ 10 ] No exemption by either party have been proven. There is no claim for spousal support by either party as both parties are self sufficient.

Decision [ 11 ] After realtor fees, the Plaintiff is left with a real property asset of approximately $400,000; the Scotiabank Saving Account in the amount of $153,000; and a retired teachers pension account valued at $400,000 (half of which the Plaintiff acknowledges is distributable to the Defendant) that leaves the Plaintiff with gross assets for the purposes of this

summary trial, in the amount of $953,000. At the time of separation, the Defendant had in his possession the sum of $700,000. This results in an equalization payment from the Plaintiff to the Defendant in the amount of $126,000.00. [ 12 ] There is a claim for divorce and is so Ordered. [ 13 ] Title to the home shall be transferred by the Defendant to the Plaintiff and a charge will be registered to protect the interest of the Defendant on title. The share in the campground will be the sole responsibility of the Defendant.

Heard on the 6 th day of December, 2012. Dated at the City of Calgary, Alberta this 7 th day of January, 2013. W.P. Sullivan J.C.Q.B.A. Appearances: Roxanna Petts for the Plaintiff Paul Mullen for the Defendant