Baryluk v. Baryluk, (1980) 6 Man.R.(2d) 1 (CoCt)
Court | Provincial Court of Manitoba (Canada) |
Case Date | September 26, 1980 |
Jurisdiction | Manitoba |
Citations | (1980), 6 Man.R.(2d) 1 (CoCt) |
Baryluk v. Baryluk (1980), 6 Man.R.(2d) 1 (CoCt)
MLB headnote and full text
Baryluk v. Baryluk
Indexed As: Baryluk v. Baryluk
Manitoba County Court
Lockwood, C.C.J.
September 26, 1980.
Summary:
This headnote contains no summary.
Real Property - Topic 2325
Dower - Release - Revocation of - A wife executed a dower release after accepting $5,750.00 as consideration for her half interest in the matrimonial home - The wife also gave up all claims to future maintenance in return for $1,426.70 - The wife then applied to the court for termination of the dower release on the ground that the total sum she received was inadequate consideration for both the dower release and the release of future maintenance claims - The Manitoba County Court dismissed the application on the ground that the consideration the wife received for the dower release was adequate.
Cases Noticed:
Re Trustee Act; Re Harris Will; Harris and Harris v. Harris, 41 W.W.R. 230, consd. [para. 11].
Statutes Noticed:
Dower Act, C.C.S.M., c. D-100, sect. 6(1) [para. 10]; sect. 6(4) [para. 7].
Counsel:
C. Hall, for the applicant;
J.S. Petryshyn, for the respondent.
This case was heard by LOCKWOOD, C.C.J., of the Manitoba County Court.
On September 26, 1980, LOCKWOOD, C.C.J., delivered the following judgment:
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Zacharias v. Zacharias, (1985) 34 Man.R.(2d) 192 (QBFD)
...failed to satisfy all four conditions in s. 6(4) of the Dower Act - See paragraphs 11 to 14. Cases Noticed: Baryluk v. Baryluk (1980), 6 Man.R.(2d) 1, appld. [para. Statutes Noticed: Dower Act, R.S.M. 1970, c. D-100; C.C.S.M., C. D-100, sect. 6(4) [paras. 11-13]. Marital Property Act, S.M. ......
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Zacharias v. Zacharias, (1985) 34 Man.R.(2d) 192 (QBFD)
...failed to satisfy all four conditions in s. 6(4) of the Dower Act - See paragraphs 11 to 14. Cases Noticed: Baryluk v. Baryluk (1980), 6 Man.R.(2d) 1, appld. [para. Statutes Noticed: Dower Act, R.S.M. 1970, c. D-100; C.C.S.M., C. D-100, sect. 6(4) [paras. 11-13]. Marital Property Act, S.M. ......