Tarr v. Desjarlais,

• Jurisdiction: Manitoba
• Neutral Citation: 2014 MBQB 188
• Date: 19 September 2014
• Court: Court of Queen's Bench of Manitoba (Canada)

Tarr v. Desjarlais (2014), 309 Man.R.(2d) 210 (QBM)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. SE.037

Dimitra Madeleine Tarr (petitioner) v. Guy René Desjarlais (respondent)

(FD 12-02-05898; 2014 MBQB 188)

Indexed As: Tarr v. Desjarlais

Manitoba Court of Queen's Bench

Brandon Centre

Harrison, Master

September 19, 2014.

Summary:

The parties' divorce was granted in Brandon. The parties' child lived with the father in Winnipeg. The mother lived in Brandon and had access. The mother moved for financial disclosure and the sale of jointly held property under the Law of Property Act. The father moved under rule 14.08 for an order transferring the file to the Winnipeg Centre.

A Master of the Manitoba Court of Queen's Bench denied the motion.

Family Law - Topic 968

Husband and wife - Actions between husband and wife - Practice - Transfer of action - [See Practice - Topic 5225 ].

Practice - Topic 5225

Trials - General - Venue or place of trial - Transfer by requisition - The parties' divorce was granted in Brandon - The parties' child lived with the father in Winnipeg - The mother lived in Brandon and had access - The mother moved for financial disclosure and the sale of jointly held property under the Law of Property Act - The father moved under rule 14.08 for an order transferring the file to the Winnipeg Centre - A Master of the Manitoba Court of Queen's Bench denied the motion - As it was unlikely that there would be any trial of the issue of the mother's access, the hearing's site did not have to be determined solely by where the child's primary caregiver resided - The father had acquiesced in the choice of Brandon as the appropriate forum previously - There was no valid reason to move the file - The necessary financial disclosure was central to an early resolution of the matter - Such disclosure was not impacted by the choice of forum - The balance of convenience favoured Brandon.

Cases Noticed:

Sandney v. Sandney (1998), 128 Man.R.(2d) 96 (Q.B. Fam. Div.), refd to. [para. 11].

MacGillivray v. Maser (2014), 301 Man.R.(2d) 109; 2014 MBQB 6 (Fam. Div.), refd to. [para. 13].

Cairns v. Watkins (2008), 244 Man.R.(2d) 176; 2008 MBQB 233 (Fam. Div.), refd to. [para. 14].

Authors and Works Noticed:

Watson and McGowan, Ontario Civil Practice (1996), generally [para. 12].

Counsel:

Jodi L. Wyman, for the petitioner;

Mark Mercier, for the respondent.

This motion was heard by Harrison, Master, of the Manitoba Court of Queen's Bench, Brandon Centre, who delivered the following reasons for judgment on September 19, 2014.