Birkeland v. Birkeland, (1979) 3 Sask.R. 11 (CA)
|Judge:||Brownridge, Hall and Bayda, JJ.A.|
|Court:||Court of Appeal for Saskatchewan|
|Case Date:||March 15, 1979|
|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.
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.
Rathwell v. Rathwell, 19 N.R. 91;  2 W.W.R. 101, refd to. [para. 24].
Married Women's Property Act, R.S.S. 1965, c. 340, sect. 22(4) [para. 24].
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.
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