Rousson v. Rousson, (1981) 9 Man.R.(2d) 357 (ProvCt)

• Judge: Bradley, J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 16, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 9 Man.R.(2d) 357 (ProvCt)

Rousson v. Rousson (1981), 9 Man.R.(2d) 357 (ProvCt)

MLB headnote and full text

Rousson v. Rousson

Indexed As: Rousson v. Rousson

Manitoba Provincial Court

Family Division

District of Kenora

Bradley, J.

March 16, 1981.

Summary:

This case arose out of an application for confirmation of a provisional maintenance order. The Ontario Provincial Court (Family Division) dismissed the application. The court held that the Manitoba Provincial Court judge should have declined jurisdiction to hear the application having regard to an existing divorce petition filed in the Manitoba Court of Queen's Bench.

Family Law - Topic 2244

Maintenance of wives and children - Jurisdiction - Jurisdiction of a provincial court following divorce proceedings in Supreme Court - The Ontario Provincial Court (Family Division) held that a Manitoba Provincial Court judge should have declined jurisdiction to hear a provincial maintenance application, having regard to an existing divorce petition filed in the Manitoba Court of Queen's Bench - The court stated that there was no emergency situation and all matters could have been more easily and speedily dealt with in the Court of Queen's Bench.

Cases Noticed:

Simcoe v. Simcoe, 14 R.F.L. 102 (Man. C.A.), consd.

Counsel:

W. Peterson, for the respondent.

This case was heard before BRADLEY, J., of the Ontario Provincial Court (Family Division), District of Kenora.

The oral judgment of BRADLEY, J., was delivered on March 16, 1981.