Digest: McFarlane v McFarlane, 2018 SKQB 62

• Date: February 22, 2018

Reported as: 2018 SKQB 62

Docket Number: DIV 571/16 JCS , QB17452

Court: Court of Queen's Bench

Date: 2018-02-22

Judges:

• Megaw

Subjects:

• Real Property � Certificate of Pending Litigation � Discharge
• Family Law � Family Property

Digest: The respondent applied for an order vacating a certificate of pending litigation (CPL) registered by the petitioner against a certain parcel of land. The petitioner argued that the applicant did not have standing to bring it and that the property was subject to division in their family property action. The parties were married in 2015. The respondent, the sole shareholder of a corporation, purchased the property in 2014. He deposed that the corporation sold the land in 2017 to a company owned by his mother who now wished to sell it.
HELD: The application was granted. The court vacated the CPL. The decisions in Mitchelson and MacEwen were authority that the property held by the respondent�s corporation at the date of the issuance of the petition was not subject to division, only the value of the shares in the corporation constituted family property in these proceedings. The respondent had standing to vacate the CPL because the action had not entitled the petitioner to claim an interest in the title to the property and he was a party to the action. Although the respondent was successful and would be entitled to costs, the court fixed them at $250 because neither of the parties had brought the cases noted above to the attention of the court.

Statutes Considered:

• Family Property Act, 1997...