Champagne v. Aljean Construction Ltd., (1979) 30 A.R. 92 (QB)

• Judge: Holmes, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 10, 1979
• Citations: (1979), 30 A.R. 92 (QB)

Champagne v. Aljean Constr. Ltd. (1979), 30 A.R. 92 (QB)

MLB headnote and full text

Champagne v. Aljean Construction Ltd.

(No. 235950)

Indexed As: Champagne v. Aljean Construction Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Holmes, J.

September 10, 1979.

Summary:

This case arose out of an action for a declaration that an agreement for the sale of sand and gravel was void because of the lack of spousal consent as required by s. 3 of the Alberta Dower Act. The Alberta Court of Queen's Bench granted the application and held that the agreement was void.

Sale of Land - Topic 1122

The contract - Parties - Husband and wife - Consent of spouse, homestead legislation - Effect of lack of consent - The Alberta Court of Queen's Bench stated that where a spouse does not consent to the disposition of the homestead (as required by s. 3 of the Dower Act) that any such disposition is void and not voidable - See paragraph 18.

Real Property - Topic 2115

Dower and rights of wife - Interests subject to dower - Sand and gravel sales - The Alberta Court of Queen's Bench stated that the Dower Act applies to contracts for the removal of sand and gravel - See paragraph 11.

Words and Phrases

Disposition - The Alberta Court of Queen's Bench discussed the meaning of the word "disposition" as found in s. 3 of the Alberta Dower Act, R.S.A. 1970, c. 114.

Cases Noticed:

Siewert v. Seward (1975), 54 D.L.R. (3d) 161, refd to. [para. 11].

Palinko (Palinka) v. Bower, [1975] 1 W.W.R. 756, refd to. [para. 13].

Meduk v. Soja, [1958] S.C.R. 167, folld. [para. 14].

Senstad v. Makus, [1977] 5 W.W.R. 731; 17 N.R. 361, dist. [para. 18].

Pinsky v. Wass, [1953] 1 S.C.R. 399, refd to. [para. 19].

Mason v. Freedman (1958), 14 D.L.R.(2d) 529, refd to. [para. 19].

Farantos Development Ltd. et al. v. Canada Permanent Trust et al. (1975), 56 D.L.R.(3d) 481, refd to. [para. 19].

Statutes Noticed:

Dower Act, R.S.A. 1970, c. 114, sect. 2(a) [para. 9]; sect. 2(c) [para. 3]; sect. 3 [para. 8].

Sand and Gravel Act, R.S.A. 1970, c. 328, sect. 3, sect. 4 [para. 10].

Authors and Works Noticed:

Bowker, W.F., Reform of the Law of Dower in Alberta (1960), 1 Alta. Law Rev. 501 [para. 18].

Counsel:

Holeton, Langager & Cavanaugh, for the plaintiff;

Brosseau, Maccagno & Hutton, for the defendant.

This case was heard by HOLMES, J., of the Alberta Court of Queen's Bench.

The judgment of HOLMES, J., was delivered at Edmonton, Alberta on September 10, 1979.