Armstrong v. Ternan, (1999) 136 Man.R.(2d) 292 (QBFD)

• Judge: Diamond, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: April 07, 1999
• Jurisdiction: Manitoba
• Citations: (1999), 136 Man.R.(2d) 292 (QBFD)

Armstrong v. Ternan (1999), 136 Man.R.(2d) 292 (QBFD)

MLB headnote and full text

Temp. Cite: [1999] Man.R.(2d) TBEd. AP.030

Susan Margaret Armstrong (petitioner) v. Melvin Sutherland Ternan (respondent)

(FD 89-01-19390)

Indexed As: Armstrong v. Ternan

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Diamond, J.

April 7, 1999.

Summary:

A husband and his new wife applied for an order vacating a Certificate of Judgment registered by his former wife in the Land Titles Office against the husband and new wife's jointly held home.

The Manitoba Court of Queen's Bench, Family Division, dismissed the application.

Real Property - Topic 8606

Title - Removal of encumbrances by court order - Certificates of judgment - A hus­band was ordered to pay his former wife, inter alia, monthly spousal support - The spousal support order was reduced - The husband missed five spousal support pay­ments - The former wife registered a Certificate of Judgment against the hus­band's and his new wife's jointly held home - The husband and his new wife applied for an order vacating the Certifi­cate of Judgment, arguing that the new wife did not want the house to be a sharable asset with her husband because she was using her inheritance to pay down the house mortgage - The Manitoba Court of Queen's Bench, Family Division, dis­missed the application - The vacating of the judgment would remove the former wife's only security ensuring that the spousal support order was paid - There were other ways to protect the new wife's inheritance.

Cases Noticed:

Grant v. Grant (1986), 46 Man.R.(2d) 158 (Q.B. Fam. Div.), refd to. [para. 6].

Counsel:

Terry P. Beley, for the petitioner;

Mark Newman, for the respondent.

This application was heard by Diamond, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following decision on April 7, 1999.