Fitzpatrick v. Fitzpatrick, (1978) 11 A.R. 10 (TD)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 15, 1978
• Citations: (1978), 11 A.R. 10 (TD)

Fitzpatrick v. Fitzpatrick (1978), 11 A.R. 10 (TD)

MLB headnote and full text

Fitzpatrick v. Fitzpatrick

Indexed As: Fitzpatrick v. Fitzpatrick

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

Stevenson, J.

February 15, 1978.

Summary:

This headnote contains no summary.

Courts - Topic 8348

Alberta Supreme Court, Trial Division - Jurisdiction of the Alberta Supreme Court to discharge maintenance arrears under a Family Court order - In a divorce action a husband requested the Alberta Supreme Court to state in a decree nisi that maintenance arrears under a Family Court order were discharged (the wife agreed not to pursue any claim for arrears) - The Alberta Supreme Court, Trial Division, refused the husband's request - The Trial Division stated that the better course is to request the Family Court to rescind its maintenance order - see paragraph 5.

Cases Noticed:

McCutcheon v. McCutcheon, 2 A.R. 387, refd to. [para. 2].

McFadyen v. McFadyen (1975), 22 R.F.L. 140, refd to. [para. 2].

Scott v. Scott (1972), 10 R.F.L. 8, refd to. [para. 3].

Banks v. Banks (1961), 31 D.L.R.(2d) 203, refd to. [para. 4].

Russell v. Russell, [1956] P. 283, refd to. [para. 4].

Counsel:

H.A. Lamoureux, for the petitioner;

J.J. Donahoe, for the respondent.

This case was heard by STEVENSON, J., of the Trial Division of the Alberta Supreme Court. The judgment of STEVENSON, J., was delivered at Edmonton, Alberta on February 15, 1978.