10 Oakville Beaver Weekend Sunday, August 20, 2000 HOT SU M M ER Y SAVINGS! A ll E x t e r io r Separation agreement not always final LESLIE J. SMITH The Law of Life in an increase in the value of his stock. Again in 1994, the husband's stock increased in value when the Bank of Montreal acquired Bums Fry. The husband's net worth increased from a "modest, uppermiddle class level" as described by the Court just before separation, to the point where his assets reached more than $5 mil lion in value. In 1999, the husband earned an income of $300,000 and received a bonus of $100,000. In applying to the Court for an interim support order of $5,000 per month, the wife demonstrated she had a need for spousal support and the husband had the ability to pay. The Court further had the discretion to override the separation where the circum stances permitted, as it felt was warranted in this case. The Court found an interim order for spousal support was justified because, over the length of the marriage, the wife had performed functions that effectively created an economic disadvantage to her, while the husband presumably being free from home making and child-rearing duties, experi enced an economic advantage arising from the marriage. This decision has been appealed, obvi ously. In the meantime, you should review this case carefully with your lawyer if you are negotiating a separation agreement as it may affect your rights and obligations. Leslie J. Smith is a partner with the law firm H axell Smith Law Offices in Oakville. She writes fo r The O akville Beaver on legal issues. and ( cTl ) /" Y F lT s k JP * Paints until August 23/2000 * 3.79 Litre only deeper colours extra. Over 600 Wallpaper Books to choose from 20-33% off everyday VOTED #1 O A K V IL LE PAIN T STORE M ap le G rove Village, Oakville, 8 4 9 - 0 8 8 6 Painter's Place"!®* 2 Locations to serve you! 5636 Glen Erin Drive , (Longo's Plaza), 858-1708 ou might want to sit down before reading this. We are going to review a recent decision of the Superior Court of Ontario decided in March 2000. The full name and cite of the case is Bailey vs. Plaxton 47 O.R. (3d) 593. This case involved a wife bringing an application for spousal support 12 years after she exe cuted a separation agreement in which she agreed to be paid spousal support for three years only. Also in this decision, she released her rights to spousal support after the three years regardless of her circumstances. The Court in Bailey re-opened the separation agree ment and over-turned the full and final release regarding spousal support The patties in this case were married in 1965. At the time of the marriage, the wife was a nursery school teacher. The husband was an investment dealer. They had children in 1965, 1969 and 1973. The wife stayed home with the children and the husband worked. The parties separated in 1985 when the children were ages 20,18 and 14. After sep aration, the husband was primarily responsi ble for the care of the children up until 1987 when they sold the matrimonial home. In that time, the wife tried to start a career in photography even though she had no previ ous training in that area. At the same time, the wife studied to become a real estate agent She failed at both careers despite great efforts. After the three years, she was not self-supporting. Moreover, she had mis managed her equalization payment At the time of separation, the husband worked as an investment dealer at Bums Fry and held stock in the company. On the eve of signing the separation agreement in 1987, Bums Fry began an association with Security Pacific Corporation which resulted T h e TVans C anada T rail OAKVILLE J O IN U S A T ® Relay 2 0 0 0 OAKVILLE CELEBRATIONS - FREE! Wednesday, August 23, 2000 9:00 a.m. -1 2 Noon Coronation Park, Oakville Relay 2 0 0 0 is Canada's biggest Millennium project marking the official opening of the 16,100 km Trans Canada Trail. Water from the Pacific, Arctic and Atlantic Oceans will be carried through more than 800 communities. Don't miss your opportunity to be a part of history! OAKVILLE FO R OPEN HOUSE WEEK Monday, August 28 thru Thursday A ugust 31,2000 * Home of GLOW IN THE DARK Bowling Youth Bowling Pre-registration Saturday, August 26 from 12 noon to 3:00 p.m. Receive a free bag o f Chips, Soft Drink and a game o f Bowling. 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