* Source: CanLII

Date: 20250513
Docket: DF 22-06-00999
(St. Beniface Centre)
Reference: Chebu c. Touwa
Citation: 2025 MBKB 65

BETWEEN

HUGUETTE FORTUNE CHEBU, ) Claimant
) Not represented
Claimant, )
- and - )
)
ERNEST TOUWA, )
)
Respondent. ) Laura Nagy
) For the respondent
)
) Dates of hearing:
) April 1-2, 2025
)
) Judgment rendered:
) May 13, 2025

BERTHAUDIN J.

JUDGMENT ON DATE OF SEPARATION

[1] The parties were married in 2007 in Cameroon. Their trial began with a Petition for Divorce filed by Ms. Chebu on December 3, 2022 (“Petition”) and an Answer filed by Mr. Touwa on January 27, 2023 (“Answer”). Their written documents seek an equal division of family property pursuant to The Family Property Act, CCSM c F25. They do not agree on the date of separation, and this was the question raised by Mr. Justice Huberdeau on January 17, 2025. The date of separation was the only disputed issue at the hearing of April 1-2, 2025.

[2] The Petition affirms a “[TRANSLATED] date of cessation of cohabitation” of December 1, 2022. However, in the Answer, the respondent declared the following: “[TRANSLATED] The respondent affirms that the date of separation was December 3, 2022, and he recalls this date because of a specific event.” At the start of the hearing, the respondent stated that the parties have been separated since September 24, 2018. At the end of the hearing, he submitted that the court should order a date of separation of January 1, 2019.

[3] The respondent urges the Court to consider the importance of several facts, including discussions between the parties and their families, the claimant's declarations to two government departments and, according to him, the financial habits of the claimant which changed in 2018 when she predicted their separation.

[4] The claimant maintains that considering the written material, and the evidence of the parties including evidence on the parties' habits, the date of separation was December 1, 2022 or December 3, 2022 or later. She would accept any of these dates of separation but not a date of separation in 2018.

[5] The Claimant emphatically submits that the evidence of the parties in their affidavits, which were tested by cross-examination, support a date of separation which coincides with her departure from the family home, December 3, 2022. I agree.

[6] There is no doubt that the parties had problems at home. That being the case, I am not convinced that the facts highlighted by the respondent my clear impression that the parties were not finally separated, or at all, until December 3, 2022. In coming to this conclusion, I have considered the parties' habits, what they communicated to each other, their words, their conduct and other factors noted below.

[7] The evidence consists of five affidavits from the parties and two witnesses for the respondent. Each was subject to cross-examination. The court also received the parties' written submissions at the start of the hearing.

[8] On April 2, 2025, I heard arguments from the respondent's lawyer and after a break, I gave my decision verbally. I declared that the date of separation was established as December 3, 2022. I indicated that written reasons would follow. These are my reasons.