Chaplin v. Chaplin, (2003) 237 Sask.R. 115 (FD)

• Judge: Wilkinson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 26, 2003
• Jurisdiction: Saskatchewan
• Citations: (2003), 237 Sask.R. 115 (FD);2003 SKQB 295

Chaplin v. Chaplin (2003), 237 Sask.R. 115 (FD)

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. JL.006

George Stanley Chaplin (petitioner) v. Dorothy Evelyn Chaplin (respondent)

(2001 F.L.D. No. 343; 2003 SKQB 295)

Indexed As: Chaplin v. Chaplin

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Wilkinson, J.

June 26, 2003.

Summary:

A couple, married for 52 years, lived in British Columbia. The husband entered a care facility there. After over a year in care, he went to Saskatchewan, ostensibly to visit a son and daughter-in-law. Shortly after his arrival, he transferred just over $100,000 in assets to Saskatchewan. The family property in British Columbia included the family home and had a value of $147,844.42. The wife commenced proceedings in British Columbia for judicial separation, spousal support and unequal division of family assets. The husband commenced proceedings in Saskatchewan for division of family property. The husband sought a direction for a pretrial conference. The wife sought a declaration that Saskatchewan was not the appropriate forum.

The Saskatchewan Court of Queen's Bench, Family Division, held that neither forum was clearly more appropriate and refused to stay the Saskatchewan proceedings. Alternatively, special circumstances required the Saskatchewan proceedings to continue. The court directed a pretrial conference on an expedited basis.

Conflict of Laws - Topic 643

Jurisdiction - Submission to jurisdiction - What constitutes - The Saskatchewan Court of Queen's Bench, Family Law Division, stated that "a defendant who contests jurisdiction by arguing that although the court technically has jurisdiction, it should decline jurisdiction as a matter of discretion will be taken to have submitted to the jurisdiction of the court." - See paragraph 6.

Conflict of Laws - Topic 2064

Family law - Property - Forum conveniens - A couple, married for 52 years, lived in British Columbia - The husband entered a care facility there - After over a year in care, he went to Saskatchewan, ostensibly to visit a son and daughter-in-law - Shortly after his arrival, he transferred just over $100,000 in assets to Saskatchewan - The family property in British Columbia included the family home and had a value of $147,844.42 - The wife commenced proceedings in British Columbia for judicial separation, spousal support and unequal division of family assets - The husband commenced proceedings in Saskatchewan for division of family property - The Saskatchewan Court of Queen's Bench, Family Division, held that neither forum was clearly more appropriate and refused to stay the Saskatchewan proceedings - Alternatively, the husband's ill health and the wife's failure to respond to a long-standing settlement proposal were special circumstances that required the Saskatchewan proceedings to continue.

Family Law - Topic 665

Husband and wife - Marital property - Practice - Jurisdiction - [See Conflict of Laws - Topic 2064 ].

Family Law - Topic 756

Husband and wife - Actions between husband and wife - Property - Jurisdiction of courts - [See Conflict of Laws - Topic 2064 ].

Cases Noticed:

Tezcan v. Tezcan (1992), 8 B.C.A.C. 276; 17 W.A.C. 276 (C.A.), refd to. [para. 6].

Middleton v. Middleton (1980), 3 Sask.R. 33; 15 R.F.L.(2d) 251 (C.A.), refd to. [para. 6].

A.E.M. v. G.W.M., [1999] B.C.J. No. 564 (S.C.), refd to. [para. 6].

Pasareno v. Parareno (2000), 188 Sask.R. 314 (Q.B.), refd to. [para. 7].

Amchem Products Inc. et al. v. Workers' Compensation Board (B.C.), [1993] 3 W.W.R. 441; 150 N.R. 321; 23 B.C.A.C. 1; 39 W.A.C. 1 (S.C.C.), refd to. [para. 9].

Morguard Investments Ltd. et al. v. De Savoye, [1990] 3 S.C.R. 1077; 122 N.R. 81; [1991] 2 W.W.R. 217; 76 D.L.R.(4th) 256; 52 B.C.L.R.(2d) 160, refd to. [para. 12].

Kornberg v. Kornberg, [1991] 2 W.W.R. 594; 70 Man.R.(2d) 182 (C.A.), refd to. [para. 12].

Palmer v. Palmer, [1980] 2 W.W.R. 557; 2 Sask.R. 112 (C.A.), refd to. [para. 14].

Authors and Works Noticed:

McLeod, James G., and Mamo, Alfred A., Matrimonial Property Law in Canada (1993), p. I-80 [para. 6].

Counsel:

P.H.A. Korpan, for the petitioner;

C.B. Wheatley, for the respondent.

This application was heard by Wilkinson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina. Wilkinson, J., delivered the following fiat on June 26, 2003.