Boucher v. Boucher, (1983) 1 O.A.C. 47 (CA)

• Judge: Dubin, Zuber and Robins, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: December 13, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 47 (CA)

Boucher v. Boucher (1983), 1 O.A.C. 47 (CA)

MLB headnote and full text

Boucher v. Boucher

Indexed As: Boucher v. Boucher

Ontario Court of Appeal

Dubin, Zuber and Robins, JJ.A.

December 13, 1983.

Summary:

This case arose out of a reference under s. 34 of the Judicature Act to determine whether s. 8(1) of the Unified Family Court Act incorporated by reference the rules of practice of the Supreme Court.

The Ontario Court of Appeal held that the Unified Family Court was not authorized to supplement its rules of practice by resort to the rules of practice of the Supreme Court.

Courts - Topic 7570

Ontario - Unified Family Court - Procedural rules, application of rules of Supreme Court - The Ontario Court of Appeal held that s. 8(1) of the Unified Family Court Act did not confer jurisdiction upon the Unified Family Court to supplement its rules of practice by resort to the rules of practice of the Supreme Court (see paragraph 13).

Statutes - Topic 4606

Operation - Legislation by reference - What constitutes incorporation by reference - The Ontario Court of Appeal held that s. 8(1) of the Unified Family Court Act did not have the effect of incorporating into the procedure of the Unified Family Court all of the rules of practice of the Supreme Court (see paragraph 11).

Cases Noticed:

Hanington v. Hanington (1979), 25 O.R.(2d) 159, refd to. [para. 7].

Paterson v. Paterson, 8 A.C.W.S.(2d) 113, refd to. [para. 7].

Gubbins v. Stewart (1982), 37 O.R.(2d) 427, refd to. [para. 7].

Re Jianu v. Jianu (1981), 33 O.R.(2d) 848, refd to. [para. 8].

Statutes Noticed:

Unified Family Court Act, R.S.O. 1980, c. 515, sect. 8(1) [para. 3].

Counsel:

W.G. Charlton, for the appellant;

R.D. Yachetti, Q.C., for the respondent.

This reference was heard by Dubin, Zuber and Robins, JJ.A., of the Ontario Court of Appeal on October 5, 1983.

The judgment of the Court of Appeal was delivered by Robins, J.A., on December 13, 1983.