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Connor McDavid good for Family Law?

Marla Miller, K.C.
  Miller Boileau Family Law Group
   Edmonton, Alberta


Monday morning, after a weekend of tragedy, perhaps weighed down by the weight of this crazy world, the hot topic of conversation at the office was “Hey, did you hear that Justice Khullar ordered an interim division of the Oilers between spouses for this season?” (McLeod v McLeod, 2017 ABQB 581 (CanLII) – 2017-09-27)

In Justice Khullar’s decision of September 27, 2017 she stated that the court had jurisdiction; the control of the Oilers Account, or the right to purchase the tickets is property (it’s not limited to the actual tickets); they fall under “household goods” as being personal property used for recreational or social purposes (section 1(b) of the MPA); the Court has jurisdiction to make an interim order; the fact that the Wife was being paid good spousal support ($15,000.00 a month) and could buy her own tickets was irrelevant as this was Matrimonial Property; these tickets are unique property and she is persuaded to make the interim order. The Wife also received costs.

Justice Khullar wasn’t helped by too many prior cases. Of note was T.L.P. v F.J.P., 2007 ABQB 600 (CanLII) – 2007-10-05 a decision given in October 2007. In the intervening ten years, no cases are reported where there was a matrimonial fight over Edmonton Oiler cases and also no years when the Oilers made the play-offs either. Coincidence? I think not.

Other cases? Nicholson v Nicholson, 1999 ABQB 867. In that case the Husband was offering the Wife his Oiler gold seats as a sweetener to his proposal to pay spousal support of $6,000.00 a month. He was ordered to pay interim support of $12,000.00 a month. Was this a good Oilers season or not? The order was made in November 1999. The Oilers finished their prior season losing to the Stars in the conference semi-finals, so at least they qualified and maybe Mr. Nicholson’s offer was really was an inducement.

So, to be fair, I searched CanLII for matrimonial cases involving Calgary Flames tickets. I could find nothing. Many possibilities floated through my mind, but I have family who live in Calgary. I have many favourite colleagues in Calgary. I think I’ll keep those hunches to myself.


3 6 years ago

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