Birkeland v. Birkeland, (1979) 3 Sask.R. 11 (CA)

• Judge: Brownridge, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 15, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 3 Sask.R. 11 (CA)

Birkeland v. Birkeland (1979), 3 Sask.R. 11 (CA)

MLB headnote and full text

Birkeland v. Birkeland

Indexed As: Birkeland v. Birkeland

Saskatchewan Court of Appeal

Brownridge, Hall and Bayda, JJ.A.

March 15, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 864

Husband and wife - Property rights arising from marriage - Distribution order - Married Women's Property Act, s. 22 - Meaning of "fair and equitable" - A husband and wife were married in 1943 and separated in 1974 - The wife's assets at the date of trial totalled $15,000.00 and the husband's assets totalled $209,592.00 - See paragraph 23 - The Saskatchewan Court of Appeal affirmed an award of $90,000.00 in favour of the wife.

Words and Phrases

Fair and equitable - The Saskatchewan Court of Appeal discussed the meaning of the words "fair and equitable" as found in s. 22(4) of the Saskatchewan Married Women's Property Act.

Cases Noticed:

Rathwell v. Rathwell, 19 N.R. 91; [1978] 2 W.W.R. 101, refd to. [para. 24].

Statutes Noticed:

Married Women's Property Act, R.S.S. 1965, c. 340, sect. 22(4) [para. 24].

Counsel:

B. Goldstein, Q.C., for the appellant;

Pab C. Chetty, for the respondent.

This appeal was heard by BROWNRIDGE, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Court of Appeal was delivered on March 15, 1979, and the following opinions were filed:

BROWNRIDGE, J.A. - see paragraphs 1 to 30;

BAYDA, J.A. - see paragraphs 31 to 35.

HALL, J.A., concurred with BROWNRIDGE, J.A.