Davis v. Cipryk, (1977) 21 N.S.R.(2d) 266 (TD)
| Judge | Jones, J. |
| Court | Supreme Court of Nova Scotia (Canada) |
| Case Date | June 15, 1977 |
| Jurisdiction | Nova Scotia |
| Citations | (1977), 21 N.S.R.(2d) 266 (TD) |
Davis v. Cipryk (1977), 21 N.S.R.(2d) 266 (TD);
28 A.P.R. 266
MLB headnote and full text
Davis v. Cipryk
Indexed As: Davis v. Cipryk
Nova Scotia Supreme Court
Trial Division
Jones, J.
June 15, 1977.
Summary:
This case arose out of the plaintiffs' claim for partition or sale of his former matrimonial home. The plaintiff and his former wife purchased their matrimonial home in joint tenancy and the plaintiff made mortgage payments on the house both before and after their divorce. Over 2 years after the divorce the plaintiff brought an application for partition and sale of the matrimonial home.
The Nova Scotia Supreme Court, Trial Division, allowed the action, ordered the property to be sold and ordered an accounting between the parties.
Family Law - Topic 641
Husband and wife - Property rights during marriage - Transfers by husband to wife - Presumption of gift or advancement - A husband and wife purchased their matrimonial home in joint tenancy and the husband made mortgage payments on the home both before and after their divorce - The Nova Scotia Supreme Court, Trial Division, held that the mortgage payments made prior to the divorce must be taken as gifts to the wife, but that the presumption ceased to apply after the divorce - See paragraph 7.
Family Law - Topic 760
Husband and wife - Actions between husband and wife - Property - Action for partition and sale of land - General - Over 2 years after his divorce from his wife a man brought an application for partition and sale of their former matrimonial home - The Nova Scotia Supreme Court, Trial Division, stated that the plaintiff had a prima facie right to a partition or sale of the property - See paragraph 10.
Family Law - Topic 762
Husband and wife - Actions between husband and wife - Property - Action for partition and sale of land - Accounting - Over 2 years after his divorce from his wife a man brought an application for partition and sale of their former matrimonial home - The Nova Scotia Supreme Court, Trial Division, set out the principles of accounting between the parties in the circumstances - See paragraph 8.
Cases Noticed:
Baker v. Baker, 24 R.F.L. 145, refd to. [para. 7].
Mastron v. Cotton, 58 O.L.R. 251, refd to. [para. 8].
Szuba v. Szuba, [1951] O.W.N. 61, refd to. [para. 8].
Davis v. Davis, [1954] 1 D.L.R. 827, folld. [para. 10].
Authors and Works Noticed:
Anger and Honsberger, Canadian Law of Real Property, p. 174 [para. 8].
Halsbury's Laws of England (3rd Ed.), vol. 19, p. 832 [para. 7].
Counsel:
T. Brian Charlton, for the Plaintiff;
Patrick Curran, for the Defendant.
This case was heard on June 9, 1977, at Halifax, Nova Scotia, in chambers, before JONES, J., of the Nova Scotia Supreme Court, Trial Division.
On June 15, 1977, JONES, J., delivered the following judgment:
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Wilson v. Wilson, (2014) 349 N.S.R.(2d) 190 (SC)
...in possession may be charged with occupation rent." A similar statement of the law was adopted by Justice Jones in Davis v. Cipryk (1977), 21 N.S.R. (2d) 266 (T.D.) at paragraph 8 where he quoted from the authors' Canadian Law of Real Property (Toronto: Canada Law Book Company Ltd., 1959). ......
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Roach v. McNeil, 2014 NSSC 112
...in possession may be charged with occupation rent." A similar statement of the law was adopted by Justice Jones in Davis v. Cipryk (1977), 21 N.S.R. (2d) 266 (T.D.) at paragraph 8 where he quoted from the authors' Canadian Law of Real Property (Toronto: Canada Law Book Company Ltd., 1959). ......
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Taylor v. Taylor, (1984) 65 N.S.R.(2d) 294 (TD)
...See paragraphs 4 to 7. Cases Noticed: Mallia v. Mallia (1982), 54 N.S.R.(2d) 65; 112 A.P.R. 65, refd to. [para. 5]. Davis v. Cipryk (1977), 21 N.S.R.(2d) 266; 28 A.P.R. 266, not appld. [para. Statutes Noticed: DiCastri, Law of Vendor and Purchaser [para. 5]. Hanbury and Maudsley, Modern Equ......
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Soubliere v. MacDonald, [2011] N.S.R.(2d) Uned. 45
...exclusive possession are routinely considered in dividing the value of the jointly-held property. This was done in Davis v. Cipryk (1977), 21 N.S.R. (2d) 266 (T.D.) by Justice Jones, in Taylor (1984), 65 N.S.R. (2d) 294 (T.D.) by Justice Richard, in Anderson v . Wilson (1986), 73 N.S.R.......
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Wilson v. Wilson, (2014) 349 N.S.R.(2d) 190 (SC)
...in possession may be charged with occupation rent." A similar statement of the law was adopted by Justice Jones in Davis v. Cipryk (1977), 21 N.S.R. (2d) 266 (T.D.) at paragraph 8 where he quoted from the authors' Canadian Law of Real Property (Toronto: Canada Law Book Company Ltd., 1959). ......
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Roach v. McNeil, 2014 NSSC 112
...in possession may be charged with occupation rent." A similar statement of the law was adopted by Justice Jones in Davis v. Cipryk (1977), 21 N.S.R. (2d) 266 (T.D.) at paragraph 8 where he quoted from the authors' Canadian Law of Real Property (Toronto: Canada Law Book Company Ltd., 1959). ......
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Taylor v. Taylor, (1984) 65 N.S.R.(2d) 294 (TD)
...See paragraphs 4 to 7. Cases Noticed: Mallia v. Mallia (1982), 54 N.S.R.(2d) 65; 112 A.P.R. 65, refd to. [para. 5]. Davis v. Cipryk (1977), 21 N.S.R.(2d) 266; 28 A.P.R. 266, not appld. [para. Statutes Noticed: DiCastri, Law of Vendor and Purchaser [para. 5]. Hanbury and Maudsley, Modern Equ......
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Soubliere v. MacDonald, [2011] N.S.R.(2d) Uned. 45
...exclusive possession are routinely considered in dividing the value of the jointly-held property. This was done in Davis v. Cipryk (1977), 21 N.S.R. (2d) 266 (T.D.) by Justice Jones, in Taylor (1984), 65 N.S.R. (2d) 294 (T.D.) by Justice Richard, in Anderson v . Wilson (1986), 73 N.S.R.......