Ridout v. Ridout,

JurisdictionManitoba
CourtCourt of Appeal (Manitoba)
JudgeScott, C.J.M., Hamilton and Freedman, JJ.A.
Neutral Citation2006 MBCA 59
Citation2006 MBCA 59,(2006), 205 Man.R.(2d) 146 (CA),27 RFL (6th) 237,205 Man R (2d) 146,205 ManR(2d) 146,(2006), 205 ManR(2d) 146 (CA),205 Man.R.(2d) 146
Date30 May 2006

Ridout v. Ridout (2006), 205 Man.R.(2d) 146 (CA);

    375 W.A.C. 146

MLB headnote and full text

Temp. Cite: [2006] Man.R.(2d) TBEd. JN.014

Joseph Walter Cecil Ridout (petitioner/respondent) v. Christine Ridout (respondent/appellant)

(AF 06-30-06324; 2006 MBCA 59)

Indexed As: Ridout v. Ridout

Manitoba Court of Appeal

Scott, C.J.M., Hamilton and Freedman, JJ.A.

June 8, 2006.

Summary:

A wife moved to rescind a consent judgment regarding a division of matrimonial property due to coercion, intimidation and undue influence placed on her by her then counsel.

The Manitoba Court of Queen's Bench, Family Division, in a decision reported at 198 Man.R.(2d) 272, dismissed the motion. The wife appealed.

The Manitoba Court of Appeal dismissed the appeal.

Editor's note: for related decisions involving the same parties, see 154 Man.R.(2d) 178, 173 Man.R.(2d) 226 and 189 Man.R.(2d) 148.

Courts - Topic 589

Judges - Duties - To self-represented party - A wife moved to rescind a consent judgment regarding a division of matrimonial property due to coercion, intimidation and undue influence placed on her by her then counsel - The motions judge dismissed the motion - The wife appealed, asserting that she had not received a fair hearing because (i) she was a self-represented litigant who was not emotionally capable of representing herself and (ii) the motion judge's focus had been too narrow, limiting her opportunity to explain how she had been coerced - The Manitoba Court of Appeal dismissed the appeal - The motions judge's interventions to keep the wife's argument focussed on the relevant events were entirely appropriate - The wife's counsel's suggestion on appeal that self-represented litigants had special status was not accurate - While the judge should make efforts to ensure that a party's lack of legal training did not prejudice his or her ability to participate meaningfully, this had to be done in a way that maintained judicial impartiality - Here, the motions judge was alive to the fact that the wife was self-represented and took pains to ensure that she was not prejudiced.

Cases Noticed:

Director of Child and Family Services (Man.) v. J.A. et al. (2004), 190 Man.R.(2d) 298; 335 W.A.C. 298; 2004 MBCA 184, refd to. [para. 12].

Davids v. Davids (1999), 125 O.A.C. 375 (C.A.), refd to. [para. 12].

Director of Child and Family Services (Man.) v. J.A. (2006), 205 Man.R.(2d) 50; 375 W.A.C. 50; 2006 MBCA 44, refd to. [para. 13].

Counsel:

P.F. Cramer, for the appellant;

G.B. Hatch, for the respondent.

This appeal was heard on May 30, 2006, by Scott, C.J.M., Hamilton and Freedman, JJ.A., of the Manitoba Court of Appeal. Scott, C.J.M., delivered the following judgment for the court on June 8, 2006.

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16 practice notes
  • Moss v. Crane et al., 2013 MBQB 135
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 5 Junio 2013
    ...Inc. v. Apotex Inc. et al. (2008), 231 Man.R.(2d) 259; 437 W.A.C. 259; 2008 MBCA 146, refd to. [para. 45]. Ridout v. Ridout (2006), 205 Man.R.(2d) 146; 375 W.A.C. 146; 2006 MBCA 59, refd to. [para. Manitoba Agricultural Services Corp. v. Domenco (2007), 220 Man.R.(2d) 214; 407 W.A.C. 214; 2......
  • Bazan v. Assiniboine South School Division et al., (2013) 289 Man.R.(2d) 220 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 15 Marzo 2013
    ...to. [para. 66]. Bergen et al. v. Manitoba et al. (1998), 125 Man.R.(2d) 65 (Q.B. Master), refd to. [para. 66]. Ridout v. Ridout (2006), 205 Man.R.(2d) 146; 375 W.A.C. 146; 2006 MBCA 59, refd to. [para. 67]. Manitoba Agricultural Services Corp. v. Domenco (2007), 220 Man.R.(2d) 214; 407 W.A.......
  • Bird v. Bird, (2013) 419 Sask.R. 214 (FD)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 24 Abril 2013
    ...2006 NSCA 75, refd to. [para. 33]. F., Re, [2001] Fam. C.A. 348 (Aust. Fam. Ct. Full Ct.), refd to. [para. 46]. Ridout v. Ridout (2006), 205 Man.R.(2d) 146; 375 W.A.C. 146; 27 R.F.L.(6th) 237; 2006 MBCA 59, refd to. [para. Beug v. Schmidt (2008), 321 Sask.R. 102; 2008 SKQB 380 (Fam. Div.), ......
  • Sawatzky v Sawatzky, 2018 MBCA 102
    • Canada
    • Court of Appeal (Manitoba)
    • 9 Octubre 2018
    ...her ability does not mean that the [self-represented litigant] is to be assisted to present the best possible case (see Ridout v Ridout, 2006 MBCA 59, 205 ManR (2d) It also noted that there is a responsibility on self-represented persons to familiarize themselves with the relevant legal pra......
  • Request a trial to view additional results
16 cases
  • Moss v. Crane et al., 2013 MBQB 135
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 5 Junio 2013
    ...Inc. v. Apotex Inc. et al. (2008), 231 Man.R.(2d) 259; 437 W.A.C. 259; 2008 MBCA 146, refd to. [para. 45]. Ridout v. Ridout (2006), 205 Man.R.(2d) 146; 375 W.A.C. 146; 2006 MBCA 59, refd to. [para. Manitoba Agricultural Services Corp. v. Domenco (2007), 220 Man.R.(2d) 214; 407 W.A.C. 214; 2......
  • Bazan v. Assiniboine South School Division et al., (2013) 289 Man.R.(2d) 220 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 15 Marzo 2013
    ...to. [para. 66]. Bergen et al. v. Manitoba et al. (1998), 125 Man.R.(2d) 65 (Q.B. Master), refd to. [para. 66]. Ridout v. Ridout (2006), 205 Man.R.(2d) 146; 375 W.A.C. 146; 2006 MBCA 59, refd to. [para. 67]. Manitoba Agricultural Services Corp. v. Domenco (2007), 220 Man.R.(2d) 214; 407 W.A.......
  • Bird v. Bird, (2013) 419 Sask.R. 214 (FD)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 24 Abril 2013
    ...2006 NSCA 75, refd to. [para. 33]. F., Re, [2001] Fam. C.A. 348 (Aust. Fam. Ct. Full Ct.), refd to. [para. 46]. Ridout v. Ridout (2006), 205 Man.R.(2d) 146; 375 W.A.C. 146; 27 R.F.L.(6th) 237; 2006 MBCA 59, refd to. [para. Beug v. Schmidt (2008), 321 Sask.R. 102; 2008 SKQB 380 (Fam. Div.), ......
  • Sawatzky v Sawatzky, 2018 MBCA 102
    • Canada
    • Court of Appeal (Manitoba)
    • 9 Octubre 2018
    ...her ability does not mean that the [self-represented litigant] is to be assisted to present the best possible case (see Ridout v Ridout, 2006 MBCA 59, 205 ManR (2d) It also noted that there is a responsibility on self-represented persons to familiarize themselves with the relevant legal pra......
  • Request a trial to view additional results

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