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Author Topic: Court reverses order, says millionaire doesn't have to pay support
Anchoress
rabble-rouser
Babbler # 4650

posted 01 May 2005 09:46 AM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
Victoria's Robert Wright won't have to pony up $1 million for his ex-lover

quote:
Victoria's $60-million man -- Robert Wright, owner of the Oak Bay Marina Group of resorts and hotels in B.C. and the Bahamas -- won't have to pay his ex-lover $1 million and can stop paying her a $3,000 monthly stipend.

In a decision that is a warning to anyone signing a pre-live-in agreement, the B.C. Court of Appeal says people are accountable for the deals they strike and upheld Wright's cohabitation pact with Susan Margaret Johnstone.

The panel -- Judges Mary Southin, Catherine Ryan and Ian Donald -- said although she lived with Wright for six-and-a-half years, Johnstone did not deserve 30 per cent of what a lower court deemed family assets, or on-going support payments.

It said their deal was valid and fair, which means she leaves the relationship with only the assets she took into it, or any gifts or benefits he expressly said she could have.



From: Vancouver babblers' meetup July 9 @ Cafe Deux Soleil! | Registered: Nov 2003  |  IP: Logged
Hephaestion
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posted 01 May 2005 10:17 AM      Profile for Hephaestion   Author's Homepage        Edit/Delete Post  Reply With Quote 
A "pre-live-in agreement"? Is that the actual *legal* terminology?!
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Anchoress
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Babbler # 4650

posted 01 May 2005 10:36 AM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
Brought to you by the same people responsible for the 'pre-born'.
From: Vancouver babblers' meetup July 9 @ Cafe Deux Soleil! | Registered: Nov 2003  |  IP: Logged
Mr. Magoo
guilty-pleasure
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posted 01 May 2005 03:08 PM      Profile for Mr. Magoo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
In a decision that is a warning to anyone signing a pre-live-in agreement...

I guess the warning is "A contract is still a contract; if you don't agree to it, don't sign".

I like it when common sense triumphs.


From: ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, | Registered: Dec 2002  |  IP: Logged
scooter
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Babbler # 5548

posted 01 May 2005 05:57 PM      Profile for scooter     Send New Private Message      Edit/Delete Post  Reply With Quote 
Hip hip horay for the BC court of appeals. Now lets hope they have a chance to review the Air India bombing decision.
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Hephaestion
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Babbler # 4795

posted 01 May 2005 06:03 PM      Profile for Hephaestion   Author's Homepage        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Mr. Magoo:
I guess the warning is "A contract is still a contract...

Unless you're Gordon Campbell, that is...


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skdadl
rabble-rouser
Babbler # 478

posted 01 May 2005 06:09 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
What concerns me about this decision is its further variance from basic principle, and the possibility that it may be used as a precedent in a case of serious injustice (high, since there are many many more poor people than rich).

It was a long and difficult struggle to establish the principle that a financially dependent partner in a marriage (official or common law) was still a partner. Prior to that struggle, women especially were commonly impoverished, often completely dispossessed at the end of marriages.

A marriage is not just a business partnership, and this woman should certainly have heeded what sound like the wise warnings of her lawyer at the very beginning, that she should not willingly agree to such a reductive equation.

But in my view, the courts should still be rescuing the principle. We may have to fight this battle all over again, if common attitudes on babble are any indication.


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Anchoress
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posted 01 May 2005 07:15 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
skdadl, I don't think the cohab was the problem; recently the courts have shown a distinct willingness to ignore prenups - even those overseen by lawyers - if it is felt that the agreement was unfair or circumstances had changed for the parties since.

From what I understand from the article, she kept the same job during and after the relationship that she had held before, she received $3,000 a month in support for the three years between the end of the relationship and the court decision (which the man has said she can keep), and there weren't any children. Furthermore, they both seem to agree that while the two were together he paid for everything.

If he had suggested she quit her job so she could have more time to trim his moustache, if they had bought property together, if they had borne children I think the court would have taken it into consideration. But this woman did not make any adjustments to her own lifestyle, career etc in order to be with this man and personally I just really don't think that dating a millionaire entitles a person to be a millionaire.


From: Vancouver babblers' meetup July 9 @ Cafe Deux Soleil! | Registered: Nov 2003  |  IP: Logged
skdadl
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posted 01 May 2005 07:18 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Anchoress: does being a millionaire entitle one to be a millionaire?
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Anchoress
rabble-rouser
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posted 01 May 2005 07:23 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
You know my answer is yes!
From: Vancouver babblers' meetup July 9 @ Cafe Deux Soleil! | Registered: Nov 2003  |  IP: Logged
skdadl
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posted 01 May 2005 07:27 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Well, y'know: in the short term, and especially if I happened to be a millionaire, which I'm not, I might say yes too.

But deep down, I don't think so, not unless that's the average worth of all citizens.

I don't have a lot of sympathy for either of these two people, but if pressed, I could work up more for her than for him.


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Anchoress
rabble-rouser
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posted 01 May 2005 07:35 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
I guess my POV is that neither of them NEEDS sympathy. Even without spousal support she is already in a much better situation than she would have been if she hadn't met him. I totally understand your POV as it applies to people - men or women - who make sacrifices in order to make a relationship work, but this doesn't seem to be one of those cases.

Also, it starts to rub up against my views of women. She has a job, she has savings, she has a car, her debts are paid off. Is she so weak and incapable of caring for herself that she needs a sugar daddy to keep paying the bills? To me, her taking the guy's money amounts to that. It is serving a weakness rather than building a strength.


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skdadl
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posted 01 May 2005 07:38 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Honour among thieves, y'know?
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Anchoress
rabble-rouser
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posted 01 May 2005 07:41 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
Gee, nice skdadl. Please back up that insinuation.
From: Vancouver babblers' meetup July 9 @ Cafe Deux Soleil! | Registered: Nov 2003  |  IP: Logged
skdadl
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posted 01 May 2005 07:42 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
I'm a socialist, Anchoress.
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Anchoress
rabble-rouser
Babbler # 4650

posted 01 May 2005 07:42 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
Yeah, I know that already. Your point?
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skdadl
rabble-rouser
Babbler # 478

posted 01 May 2005 07:45 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Well, you're assuming that he isn't weak and needy, but the only reason you assume that is that he happens to be sitting on the pile of gold.

In my experience, the second is not necessarily connected to the first. In fact, more often than not, quite the opposite. But we can't know. That's why I think that their psychic states are irrelevant. We examine hers closely, however, and in public, because, well, that's what we do to women.


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Anchoress
rabble-rouser
Babbler # 4650

posted 01 May 2005 07:47 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by skdadl:
Well, you're assuming that he isn't weak and needy, but the only reason you assume that is that he happens to be sitting on the pile of gold.

Where could you infer that from my posts?

The rest of your post I failed to understand, sorry.

But I'm still waiting to hear how I'm a thief.


From: Vancouver babblers' meetup July 9 @ Cafe Deux Soleil! | Registered: Nov 2003  |  IP: Logged
skdadl
rabble-rouser
Babbler # 478

posted 01 May 2005 07:48 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh, goodness -- I am sorry, Anchoress. I didn't mean you.

When I said "Honour among thieves," I meant them. As in: them!

I didn't mean you.


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Anchoress
rabble-rouser
Babbler # 4650

posted 01 May 2005 07:51 PM      Profile for Anchoress     Send New Private Message      Edit/Delete Post  Reply With Quote 
OK, my bad. I have been called way worse on this board for appearing to sympathise with people who have more than other people, so I assumed.
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skdadl
rabble-rouser
Babbler # 478

posted 01 May 2005 07:54 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh, no -- it's just that I tend to assume that most rich people are rogues, actually, so I figure, in situations like this, that we get silly sorting out the details in court.

It makes a mockery of morality, IMHO.

I don't like to see law being made on the basis of these cases, because they don't really represent very much or very many, but of course they become grist for the mill of certain folks ... and I'm sure she'll be along shortly.


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skdadl
rabble-rouser
Babbler # 478

posted 01 May 2005 07:58 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
PS: Signing off now. Have a nice night.
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