Grant v. Grant, (1986) 46 Man.R.(2d) 158 (QBFD)

• Judge: Carr, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: October 20, 1986
• Jurisdiction: Manitoba
• Citations: (1986), 46 Man.R.(2d) 158 (QBFD)

Grant v. Grant (1986), 46 Man.R.(2d) 158 (QBFD)

MLB headnote and full text

Grant v. Grant

(Suit No. 86-01-07536)

Indexed As: Grant v. Grant

Manitoba Court of Queen's Bench

Family Division

Carr, J.

October 20, 1986.

Summary:

A husband and wife were divorced in 1970. The wife registered the divorce decree as a judgment in the Winnipeg land titles office. In 1986 the husband applied to discharge registration of the decree nisi. The wife opposed the application.

The Manitoba Court of Queen's Bench, Family Division, allowed the husband's application.

Real Property - Topic 8606

Title - Removal of encumbrances by court order - Certificates of judgments - Decree nisi - In 1970 a wife registered her divorce decree as a judgment in the land titles office - The decree provided only for child support; although the two children were now both over 25, both were mentally ill and the husband continued to voluntarily support them - The husband never defaulted in his payments and there were no outstanding arrears - The Manitoba Court of Queen's Bench, Family Division, discharged the registration of the judgment (decree), regardless that the wife had a pending application to vary the decree to include spousal maintenance.

Statutes Noticed:

Judgments Act, R.S.M. 1970, c. J-10; C.C.S.M., c. J-10, sect. 21(1) [para. 7]; sect. 21(3) [para. 7].

Rules of Court (Man.), Queen's Bench Rules, rule 821 [para. 11].

Counsel:

A. Dalmyn, for the petitioner;

T. Jury, for the respondent.

This application was heard before Carr, J., of the Manitoba Court of Queen's Bench, Family Division, whose decision was delivered on October 20, 1986.