McCutcheon v. McCutcheon, (1977) 2 A.R. 387 (CA)

• Judge: McDermid, Clement and Haddad, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: February 09, 1977
• Citations: (1977), 2 A.R. 387 (CA)

McCutcheon v. McCutcheon (1977), 2 A.R. 387 (CA)

MLB headnote and full text

McCutcheon v. McCutcheon

Indexed As: McCutcheon v. McCutcheon

Alberta Supreme Court

Appellate Division

McDermid, Clement and Haddad, JJ.A.

February 9, 1977.

Summary:

This headnote contains no summary.

Family Law - Topic 4001

Divorce - Corollary relief - Maintenance - Jurisdiction of a court respecting maintenance orders - A husband and wife were divorced under the Alberta Divorce and Matrimonial Causes Act - The wife was given the right to apply for maintenance, which she never did, but received social assistance from the Province - Under the Family Court Act, R.S.A. 1970, c. 133, s. 7, the Province applied to Family Court in the wife's name for an order of maintenance against the husband, which order was granted - The husband appealed to the District Court, which set aside the order and held that the Family Court had no jurisdiction to make such an order - The Province appealed in the wife's name - The Alberta Court of Appeal dismissed the appeal and held that the Family Court had no jurisdiction to make the order, since the wife had only a right to apply to the Supreme Court for maintenance.

Cases Noticed:

Goldstein v. Goldstein, [1976] 4 W.W.R. 646, appld. [para. 4].

Statutes Noticed:

Family Court Act, R.S.A. 1970, c. 133, sect. 7 [para. 1].

Counsel:

D.F. McLeod, Q.C., for the appellant.

This case was heard before McDERMID, CLEMENT and HADDAD, JJ.A., of the Alberta Supreme Court, Appellate Division.

On February 9, 1977, at Calgary, Alberta, McDERMID, J.A., delivered the following judgment of the Appellate Division: