Pettick v. Pettick, (1985) 42 Sask.R. 185 (QB)

JudgeMacLeod, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateSeptember 24, 1985
JurisdictionSaskatchewan
Citations(1985), 42 Sask.R. 185 (QB)

Pettick v. Pettick (1985), 42 Sask.R. 185 (QB)

MLB headnote and full text

Pettick v. Pettick

(Q.B. No. 4489)

Indexed As: Pettick v. Pettick

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

MacLeod, J.

September 24, 1985.

Summary:

A wife applied for division of marital property under the Matrimonial Property Act. Her husband subsequently sought a declaration that the wife held certain property in his favour on a constructive or resulting trust.

The Saskatchewan Court of Queen's Bench dismissed the husband's application and held that the property involved was marital property and that the question of ownership could be dealt with more conveniently in the matrimonial property application.

Family Law - Topic 945

Husband and wife - Marital property - Distribution orders - Practice - Time for application - After a wife applied for division of marital property under the Matrimonial Property Act, a husband sought a declaration that his wife held certain property in trust - The Saskatchewan Court of Queen's Bench dismissed the husband's application - The court held that the determination of ownership in property can be dealt with in an application under the Matrimonial Property Act.

Practice - Topic 4122

Consolidation of actions - When available - After a wife applied for division of marital property under the Matrimonial Property Act, a husband sought a declaration that his wife held certain property in trust - The Saskatchewan Court of Queen's Bench dismissed the husband's application and consolidated the actions - The court held that a determination of property interests by a spouse can be dealt with in an application for distribution under the Matrimonial Property Act.

Cases Noticed:

Wawanesa Mutual Insurance Company v. Co-operative Fire and Casualty Company (1981), 10 Sask.R. 217, refd to. [para. 6].

Niefer v. Saskatchewan Government Insurance (1983), 22 Sask.R. 246, refd to. [para. 6].

Thoreson v. Thoreson (1982), 17 Sask.R. 64, refd to. [para. 10].

Statutes Noticed:

Matrimonial Property Act, R.S.S. 1979, c. M-6.1.

Queen's Bench Act, R.S.S. 1978, c. Q-7, sect. 44.

Counsel:

G.L. Gerrand, Q.C., for the plaintiff;

G.G.W. Semenchuck, Q.C., for the defendant.

This application was heard by MacLeod, J., of the Saskatchewan Court of Queen's Bench, who delivered the following judgment on September 24, 1985:

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