Beaman v. Beaman, [1967] N.B. Law News No. 117 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 15, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 117 (CA)

Beaman v. Beaman, [1967] N.B. Law News No. 117 (CA)

MLB Law News

Helen Evelyn Beaman (petitioner/appellant) v. Douglas Stewart Beaman (respondent)

(Archives RS43/1967)

Indexed As: Beaman v. Beaman

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and West, JJ.A.

June 15, 1967.

Summary:

Divorce Domicile - O.58, R.4 - Appeal dismissed from judgment of Limerick, J., dismissing Appellant's petition for divorce on ground that domicile in New Brunswick had not been established. On opening of Appeal, Appellant moved for permission to introduce further evidence by affidavit. Court dismissed such motion, stating that Order 58, Rule 4 of the Rules of Court does not apply to Appeals from the Court of Divorce and Matrimonial Causes. Court referred to Hickman v. Baker (1898), N.S.R. 208, and Re Fraser (1912), 26 O.L.R. 508 at 515. Moss, C.J.O., in Re Fraser stated that

"The power of appellant tribunals to direct the reception of further evidence is, it is scarcely necessary to say, purely statutory, and only exercisable to the extent conferred either expressly or by fair implication."

Appellant's domicile of origin was New Brunswick. Appellant established domicile of choice in Quebec, and Court held that the Appellant's evidence of intention to abandon his domicile of choice was equivocal. Court referred to Udny v. Udny 1 H.L. Sc. 441; National Provincial Bank v. Evans (1947) Ch. D. 695 and Stephen v. Stephen (1966) 51 M.P.R. 65. Facts stated were that the Respondent husband left for Pakistan in 1951 and made no attempt to sell or dispose of his home in Quebec and in 1963-64, the Appellant and her children returned to their Quebec home for the purpose of furthering the children's education. Appeal dismissed without costs.

Counsel:

Frederick S. Taylor, for the appellant;

No one for the respondent.

This case was heard before Bridges, C.J.N.B., Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On June 15, 1967, West, J.A.,  delivered the following decision for the court.