Sandney v. Sandney, (1998) 128 Man.R.(2d) 96 (QBFD)

• Judge: Clearwater, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 12, 1998
• Jurisdiction: Manitoba
• Citations: (1998), 128 Man.R.(2d) 96 (QBFD)

Sandney v. Sandney (1998), 128 Man.R.(2d) 96 (QBFD)

MLB headnote and full text

Temp. Cite: [1998] Man.R.(2d) TBEd. JL.009

Edna Amy Linda Sandney (petitioner/wife) v. Raymond Joseph Sandney (respondent/husband)

(FD 97-02-00498)

Indexed As: Sandney v. Sandney

Manitoba Court of Queen's Bench

Family Division

Portage La Prairie Centre

Clearwater, J.

June 12, 1998.

Summary:

The wife commenced divorce proceedings in Brandon Centre, where she resided. The husband lived in Portage La Prairie and requested, by requisition under Queen's Bench Rule 14.08(1), a transfer of the file to that centre. The deputy registrar in Brandon transferred the file without notice to the wife. The wife brought a motion for a dec­laration that the transfer on requisition was improper and an order that the proceedings were properly instituted in Brandon Centre and should be returned there.

The Manitoba Court of Queen's Bench, Family Division, held that the proceedings should not have been transferred on requisi­tion to Portage La Prairie Centre, because the divorce proceeding was properly com­menced in Brandon Centre, where the cause of action arose. Further, pursuant to rule 14.08(6), the husband failed to establish that the convenience of the "parties" would be better served if the proceedings were trans­ferred.

Practice - Topic 5220

Trials - General - Venue or place of trial - General - The wife commenced divorce proceedings in Brandon Centre, where she resided - The husband lived in Portage La Prairie and requested, by requisition under Queen's Bench Rule 14.08(1), a transfer of the file to that centre - The deputy regis­trar in Brandon transferred the file without notice to the wife - The wife brought a motion for a declaration that the transfer on requisition was improper and an order that the proceedings were properly insti­tuted in Brandon Centre and should be returned there - The Manitoba Court of Queen's Bench, Family Division, held that the proceedings should not have been transferred on requisition to Portage La Prairie Centre, because the divorce pro­ceeding was properly commenced in Bran­don Centre, where the cause of action arose - Further, pursuant to rule 14.08(6), the husband failed to establish that the convenience of the "parties" would be better served if the proceedings were transferred.

Practice - Topic 5225

Trials - General - Venue or place of trial - Transfer by requisition - Queen's Bench Rule 14.08(1) stated that "where an action is commenced in a centre other than the judicial centre nearest the place, (a) where the cause of action, in whole or part, arose; (b) where a defendant resided at the time the proceedings were commenced; or (c) where a defendant carried on business at the time the proceedings were com­menced; a defendant may, by requisition, require the registrar at the centre in which the action was commenced to transfer the action to the judicial centre nearest one of the places referred to in clauses (a), (b) or (c)" - The Manitoba Court of Queen's Bench, Family Division, held that "as long as an action or proceeding, on the face of the pleading commencing it, is properly started in any one of the judicial centres as described in the circumstances of either (a), (b) or (c), then the action may not be transferred on requisition" - See para­graphs 10 to 12.

Cases Noticed:

2261324 Manitoba Ltd. v. Domo Gasoline Corp. (1995), 106 Man.R.(2d) 91 (Q.B.), refd to. [para. 16].

Pereira v. Smith (1993), 88 Man.R.(2d) 171; 51 W.A.C. 171 (C.A.), refd to. [para. 16].

Statutes Noticed:

Rules of Court (Man.), Queen's Bench Rules, rule 14.08(1) [paras. 9, 10]; rule 14.08(6) [para. 13].

Authors and Works Noticed:

Watson and McGowan, Ontario Civil Practice (1996), generally [para. 19].

Counsel:

Bernard J. Rodrigue, for the petition­er/wife;

Gordon T. Selinger, for the respond­ent/husband.

These motions were heard before Clear­water, J., of the Manitoba Court of Queen's Bench, Portage La Prairie Centre, who delivered the following judgment on June 12, 1998.