Cushnie v. Cushnie, 2013 ABQB 710
Opinion
Court of Queen ’ s Bench of Alberta Citation: Cushnie v. Cushnie, 2013 ABQB 710 Date: 20131202 Docket: 4801 158561 Registry: Calgary Between: Robert William Cushnie Plaintiff/Applicant - and - Deirdre Stanlea Cushnie Defendant/Respondent _ ________________________________________ ______________ Supplemental Memorandum of Decision of the Honourable Madam Justice J.B. Veit _________________________________________ ______________ [ 1 ] Since issuing the decision on November 26, 2013 in this matter, it has come to the court's attention that the earliest possible special chambers date on which Ms.
Cushnie's claim for spousal support and Mr. Cushnie's claim for the sale of the matrimonial home can be dealt with is May 12, 2014 at 2:00 p.m.; therefore, the earlier decision will be adjusted to reflect that reality. [ 2 ] In addition to the payments required on December 1 - April 1, Mr. Cushnie will also pay to Ms. Cushnie $1,000.00 on May 1, 2014. The court's objective was to have both applications heard on the merits as soon as possible; therefore, Mr. Cushnie's application to sell the matrimonial home will be heard on May 12, 2014, after Ms.
Cushnie's claim for spousal support. [ 3 ] It has also come to the court’s attention that, although the statement of claim for divorce also contains a claim for the division of matrimonial property, a separate family law file was opened (FL01 17206) to deal with the application for the sale of the matrimonial home. This Supplemental Memorandum of Decision and the original Memorandum of Decision should be noted as applying to both files. At the special chambers hearing on May 12, 2014, the parties will consider whether these two files should be joined.
Heard originally on the 13 th day of November, 2013, with communications from the parties received after the 25 th day of November, 2013. Dated at the City of Calgary, Alberta this 2 nd day of December, 2013. J.B. Veit J.C.Q.B.A. Appearances: Mark Lancaster, Dunphy Best Blocksom LLP for Mr. Cushnie Ms. Cushnie, on her own behalf
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