Moore v. Moore, (1975) 16 N.S.R.(2d) 220 (TD)

• Judge: Hart, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 27, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 16 N.S.R.(2d) 220 (TD)

Moore v. Moore (1975), 16 N.S.R.(2d) 220 (TD);

    16 A.P.R. 220

MLB headnote and full text

Moore v. Moore

Indexed As: Moore v. Moore

Nova Scotia Supreme Court

Trial Division

Hart, J.

October 21, 1975.

Summary:

This case arose out of the coal miner's claim against his former wife for possession of the matrimonial home. The coal miner bought a property in 1946 in his own name and built a house on it. His wife, who was a housewife and mother helped in the construction of the house. In 1958 the husband was forced to move to Montreal to work, but his wife refused to go with him, continuing to live in the matrimonial home. Her husband refused to support her and she spent about $300 per year for maintenance and improvements to the home during her occupancy. After the parties were divorced in 1974, the husband brought an action for possession of the matrimonial home against his wife. The Supreme Court allowed the action. The Supreme Court held that there was no intention of the husband that his wife share beneficially in the property. The Supreme Court found that the wife's contribution to the construction of the home was minimal and did not give her a beneficial interest in the property. The Supreme Court held that the sums expended by the wife on the home over the years were for her own convenience and benefit during her occupancy and that there was no obligation on the part of her husband to reimburse her - See paragraphs 5, 14 and 17.

Family Law - Topic 630

Husband and wife - Property rights during marriage - Title in matrimonial home - A coal miner bought a property in 1946 in his own name and built a house on it - His wife, a housewife and mother who did not work, helped in the construction of the house - Subsequently the husband was forced to move to Montreal to work and the wife refused to go with him, continuing to live in the matrimonial home - After they were divorced some years later the husband brought an action for possession of the matrimonial home against his wife - The Nova Scotia Supreme Court, Trial Division, allowed the action and held that there was no intention of the husband that the wife share beneficially in the property - The Supreme Court found that the wife's contribution was minimal and was not sufficient to give her an interest in the property.

Restitution - Topic 2505

Defendant's request - Quantum meruit - A wife refused to follow her husband when he left Nova Scotia for Montreal out of necessity to find work - The wife continued to live in the matrimonial home owned by the husband, although he refused to support her - The wife spent about $300 per year for maintenance and improvements during her occupancy - Upon the husband's action for possession of the house after their divorce, the wife claimed on a quantum meruit basis for the sums expended on the home - The Nova Scotia Supreme Court, Trial Division, held that the sums were expended for the wife's own convenience and benefit and that there was no obligation on the husband to reimburse her - paragraphs 5, 14 and 17.

Cases Noticed:

Trueman v. Trueman (1971), 18 D.L.R.(3d) 109, dist. [para. 8].

Murdock v. Murdock (1974), 41 D.L.R.(3d) 367, appld. [para. 9].

Counsel:

Ross B. Archibald, for the plaintiff;

A.J. Morley, for the defendant.

This case was heard on October 27, 1975 at Amherst, Nova Scotia before, HART, J., of the Nova Scotia Supreme Court, Trial Division. On October 31, 1975, HART, J., delivered the following judgment: