Forster v. Forster, (1980) 21 A.R. 612 (CA)
| Judge | Clement, Haddad and Laycraft, JJ.A. |
| Court | Court of Appeal (Alberta) |
| Case Date | March 06, 1980 |
| Citations | (1980), 21 A.R. 612 (CA) |
Forster v. Forster (1980), 21 A.R. 612 (CA)
MLB headnote and full text
Forster v. Forster
(12393)
Indexed As: Forster v. Forster
Alberta Court of Appeal
Clement, Haddad and Laycraft, JJ.A.
March 6, 1980.
Summary:
This headnote contains no summary.
Family Law - Topic 761
Husband and wife - Actions between husband and wife, property - Action for partition and sale of the matrimonial home - Bar to order for partition, requirement of right to possession - The Alberta Court of Appeal set aside an order for partition and sale of a matrimonial home (which was applied for by a wife) because the wife by agreement gave exclusive possession of the matrimonial home to her husband - See paragraphs 2 and 11.
Land Regulation - Topic 2703
Land use control - Subdivision control - What constitutes a subdivision - The Alberta Court of Appeal stated that a partition order (in favour of a wife respecting the matrimonial home) constituted a subdivision of land for purposes of the Planning Act - See paragraph 10.
Cases Noticed:
Hicks v. Kennedy (1957), 20 W.W.R. 517, refd to. [para. 3].
Taylor v. Grange (1880), 15 Ch. Div. 165, refd to. [para. 5].
Bunting v. Servos, [1931] O.R. 409, refd to. [para. 7].
Evans v. Bagshaw (1870), 5 Ch. App. 340, refd to. [para. 8].
Murcar et al. v. Bolten et al., [1884] O.R. 164, refd to. [para. 8].
Wensel v. Wensel, 5 A.R. 379, [1977] 1 W.W.R. 32, refd to. [para. 10].
Statutes Noticed:
Partition and Sale Act, S.A. 1979, c. 59.
Interpretation Act, R.S.A. 1970, c. 189, sect. 23(1)(b) [para. 3].
Rules of Court (Alta.), rule 518 [para. 3].
Partition Act, 31 Hen. VIII, c. 1.
Planning Act, S.A. 1977, c. 89, sect. 84 [para. 10].
Counsel:
A.J. Harben, for the appellant;
H.F. Landerkin, for the respondent.
This appeal was heard by CLEMENT, HADDAD and LAYCRAFT, JJ.A., of the Alberta Court of Appeal.
The judgment of the Alberta Court of Appeal was delivered by CLEMENT, J.A., at Calgary, Alberta, on March 6, 1980:
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Pallot v. Douglas, 2015 BCSC 1296
...have standing to bring a partition application. [36] On this point I find the Alberta Court of Appeal's analysis in Forster v. Forster (1980), 21 A.R. 612 (C.A.) to be particularly helpful. In that case, a husband held property as bare trustee for him and his wife jointly. After separation,......
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Pallot v. Douglas, 2015 BCSC 1296
...have standing to bring a partition application. [36] On this point I find the Alberta Court of Appeal's analysis in Forster v. Forster (1980), 21 A.R. 612 (C.A.) to be particularly helpful. In that case, a husband held property as bare trustee for him and his wife jointly. After separation,......