Middleton v. Middleton, (1980) 3 Sask.R. 33 (CA)

• Judge: Woods, Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 03, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 3 Sask.R. 33 (CA)

Middleton v. Middleton (1980), 3 Sask.R. 33 (CA)

MLB headnote and full text

Middleton v. Middleton

(No. 6942)

Indexed As: Middleton v. Middleton

Saskatchewan Court of Appeal

Woods, Brownridge and Hall, JJ.A.

April 3, 1980.

Summary:

This case arose out of an application under s. 22 of the Married Women's Property Act. The trial judge granted a wife a personal judgment against a husband for $12,500. The husband appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal and set aside the judgment of the trial court. The Court of Appeal held that a trial judge acting under s. 22 of the Married Women's Property Act has a jurisdiction limited to property situate in Saskatchewan and cannot grant a personal judgment against a spouse.

Conflict of Laws - Topic 2061

Family law - Property - General principles - The Saskatchewan Court of Appeal stated that a judge acting under s. 22 of the Saskatchewan Married Women's Property Act has no jurisdiction to render a judgment in personam and only has jurisdiction over property situate in Saskatchewan.

Family Law - Topic 866

Husband and wife - Property rights arising from marriage - Distribution order, jurisdiction under s. 22 of the Saskatchewan Married Women's Property Act - The Saskatchewan Court of Appeal held that a trial judge acting under s. 22 lacked jurisdiction to grant a personal judgment against a spouse and that the judge's jurisdiction under s. 22 was limited to property situate in Saskatchewan.

Cases Noticed:

Palmer v. Palmer, 2 Sask.R. 112, refd to. [para. 16].

Statutes Noticed:

Married Women's Property Act, S.S. 1974-75, c. 29, sect. 22 [para. 7].

Counsel:

E.R. Burlingham, for the appellant;

D. Kendall, for the respondent.

This appeal was heard by WOODS, BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered by HALL, J.A., on April 3, 1980.