Podolsky Estate, Re; Podolsky v. Podolsky Estate, Hrynkiw and Bernardin, (1980) 3 Man.R.(2d) 251 (CA)

• Judge: Hall, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 14, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 251 (CA)

Podolsky Estate, Re (1980), 3 Man.R.(2d) 251 (CA)

MLB headnote and full text

Re Podolsky's Estate; Podolsky v. Podolsky's Estate, Hrynkiw and Bernardin

Indexed As: Podolsky Estate, Re; Podolsky v. Podolsky Estate, Hrynkiw and Bernardin

Manitoba Court of Appeal

Hall, Matas and O'Sullivan, JJ.A.

May 14, 1980.

Summary:

This headnote contains no summary.

Devolution of Estates - Topic 446

Children - Adoption - Effect of - A man died, leaving surviving his mother and his two children - The children were born to him and his wife - The man and his wife were divorced and the children were adopted by the wife and her new husband before the man died intestate - The Manitoba Court of Appeal held that the children were entitled to inherit their father's estate under s. 6(4) of the Devolution of Estates Act, R.S.M. 1970, c. D-70, notwithstanding the adoption of the children.

Statutes - Topic 6185

Operation and effect - Effect on earlier statutes - Repeals - Express repeal - Repeal of confirmation of a right - S. 6(4) of the Devolution of Estates Act, R.S.M. 1970, c. D-70, established the right of an intestate's issue to his estate - S. 96(2) of the Child Welfare Act, R.S.M. 1970, c. C-80, provided that "an adopted child does not by reason of the adoption lose the right to inherit from his natural parents or kindred" - S. 96(2) was repealed and it was argued that the effect was to deprive adopted children of the right to inherit from their natural parents - The Manitoba Court of Appeal held that the repeal did not affect the right of adopted children to inherit from their natural parents - The Court of Appeal held that s. 96(2) was merely the confirmation of the right and the repeal of the confirmation of the right did not affect the right itself - See paragraph 13.

Statutes Noticed:

Child Welfare Act, R.S.M. 1970, c. C-80, sect. 96 [para. 9].

Devolution of Estates Act, R.S.M. 1970, c. D-70, sect. 6(4) [para. 5]; sect. 5(b) [para. 7].

Counsel:

J.D.F. Strange, for the respondent/appellant;

K.A. Alyluia, for the respondents/respondents Hrynkiw and Bernardin.

This case was heard on April 22, 1980 at Winnipeg, Manitoba, before HALL, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal.

On May 14, 1980, the judgment of the Court of Appeal was delivered and the following opinions were filed:

MATAS, J.A. - see paragraphs 1 to 2;

O'SULLIVAN, J.A. - see paragraphs 3 to 20.

HALL, J.A., concurred with MATAS, J.A.