Smith v. Smith, (1980) 3 Man.R.(2d) 206 (CA)

• Judge: Hall, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 21, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 206 (CA)

Smith v. Smith (1980), 3 Man.R.(2d) 206 (CA)

MLB headnote and full text

Smith v. Smith

Indexed As: Smith v. Smith

Manitoba Court of Appeal

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

May 21, 1980.

Summary:

This case arose out of an application, inter alia, for a distribution order pursuant to the Marital Property Act. The trial judge ordered the husband to pay his wife $15,695 as a "final payment of her share of the family assets". The husband appealed to the Manitoba Court of Appeal.

The Manitoba Court of Appeal dismissed the appeal.

Family Law - Topic 876

Husband and wife - Property rights arising from marriage - Distribution orders - What constitutes family assets - A husband sold his farm and equipment for $59,000 in 1974 and the husband and wife moved to the city - The husband used part of the $59,000 to purchase a home for his family and the husband invested the balance of $28,500 in his own name in term deposits and bonds - The husband and wife separated in 1978 and the wife claimed one-half of the $28,500 pursuant to the Marital Property Act - The Manitoba Court of Appeal allowed the wife's claim and held that the $28,500 was a family asset available for distribution because the money was intended to be used by the husband for family purposes - The Court of Appeal stated that the proceeds of sale of assets not subject to distribution become family assets subject to distribution where the proceeds are intended to be used for family purposes.

Statutes Noticed:

Marital Property Act, S.M. 1978, c. 24, ss. 1 [para. 14]; 6(5) [para. 13].

Rules of Court (Man.), Queen's Bench Rules, rule 771 [para. 30].

Authors and Works Noticed:

Atkin's Court Forms, vol. 1, p. 403 [para. 28].

Counsel:

G.T. Sereda, for the respondent/appellant;

G.F. Loewes, for the applicant/respondent.

This appeal was heard by HALL, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal on March 6, 1980.

The judgment of the Court of Appeal was delivered on May 21, 1980 and the following opinions were filed:

MATAS, J.A. - see paragraphs 1 to 20;

O'SULLIVAN, J.A. - see paragraphs 21 to 32.

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