Palmer v. Palmer, (1979) 2 Sask.R. 112 (CA)

• Judge: Culliton, C.J.S., Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 27, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 112 (CA)

Palmer v. Palmer (1979), 2 Sask.R. 112 (CA)

MLB headnote and full text

Palmer v. Palmer

Indexed As: Palmer v. Palmer

Saskatchewan Court of Appeal

Culliton, C.J.S., Hall and Bayda, JJ.A.

November 27, 1979.

Summary:

This case arose out of an application by a wife pursuant to s. 22 of the Saskatchewan Married Person's Property Act. The wife claimed title to land located in Saskatchewan. The land was in the husband's name. Both the husband and wife resided in Manitoba. The trial court dismissed the application and held that the District Court of Saskatchewan did not have jurisdiction to hear the application because the parties were domiciled in Manitoba. The wife appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal and referred the application back to the District Court for disposition according to law.

The Saskatchewan Court of Appeal held that the courts of Saskatchewan had exclusive jurisdiction to determine the rights of the wife respecting realty located in Saskatchewan.

Conflict of Laws - Topic 2066

Family law - Property - Husband and wife, title to realty - A wife who was living in Manitoba applied under s. 22 of the Saskatchewan Married Person's Property Act respecting title to land located in Saskatchewan - The land was in the husband's name and he also was a resident of Manitoba - The Saskatchewan Court of Appeal held that the courts of Saskatchewan had jurisdiction to hear the wife's application and had exclusive jurisdiction to determine the rights of the wife respecting the realty located in Saskatchewan - The Court of Appeal stated that the law of Saskatchewan governs the rights of the husband and wife to realty in Saskatchewan irrespective of the domicile of the husband and wife - See paragraph 18.

Cases Noticed:

Ostrander v. Houston (1915), 8 W.W.R. 367, refd to. [para. 5].

Williams v. Moody Bible Institute of Chicago, [1937] 2 W.W.R. 316, refd to. [para. 11].

Duke v. Andler, [1932] S.C.R. 734, refd to. [para. 17].

Statutes Noticed:

Married Person's Property Act, R.S.S. 1978, c. M-6, sect. 22.

Counsel:

R.J. Balacko, for the appellant, wife;

H.R. Kloppenburg, for the respondent.

This appeal was heard by CULLITON, C.J.S., HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Saskatchewan Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on November 27, 1979.