Janiuk v. Janiuk, (1980) 3 Man.R.(2d) 62 (CA)

• Judge: Freedman, C.J.M., Hall and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 16, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 62 (CA)

Janiuk v. Janiuk (1980), 3 Man.R.(2d) 62 (CA)

MLB headnote and full text

Janiuk v. Janiuk

Indexed As: Janiuk v. Janiuk

Manitoba Court of Appeal

Freedman, C.J.M., Hall and O'Sullivan, JJ.A.

January 16, 1980.

Summary:

This headnote contains no summary.

Family Law - Topic 3604

Divorce - Grounds - Separation - What constitutes desertion - A husband left the matrimonial home because his relationship with his wife became intolerable to him - The Manitoba Court of Appeal held that the husband deserted the wife - The Court of Appeal set aside a divorce decree granted to the husband on the ground of separation for three years because section 4 of the Divorce Act required a separation for five years in the case of desertion by a petitioner.

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 4(1)(e) [para. 2].

Counsel:

J.L. Sinclair, for the respondent/appellant wife;

D.A. Yanofsky, Q.C., for the petitioner/respondent husband.

This appeal was heard by FREEDMAN, C.J.M., HALL and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal on December 17, 1979.

The judgment of the Manitoba Court of Appeal was delivered by O'SULLIVAN, J.A., on January 16, 1980: