Thompsett v. McKenzie, (1982) 39 A.R. 51 (ProvCt)

Judge:Bowker, J.
Court:Provincial Court (Alberta)
Case Date:March 10, 1982
Jurisdiction:Alberta
Citations:(1982), 39 A.R. 51 (ProvCt)
 
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Thompsett v. McKenzie (1982), 39 A.R. 51 (ProvCt)

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Thompsett v. McKenzie

(No. 05 45 77)

Indexed As: Thompsett v. McKenzie

Alberta Provincial Court

Family Division

Bowker, J.

March 10, 1982

Summary:

An unwed mother applied under the Reciprocal Enforcement of Maintenance Orders Act, R.S.A. 1980, c. R-7, for the confirmation of an Ontario provisional maintenance order requiring the father to pay maintenance for the mother and her child. The preliminary constitutional question of the jurisdiction of the Alberta Provincial Court to entertain the application was referred. The Alberta Provincial Court, Family Division, held that it had jurisdiction to hear the application and ordered that the matter be set down for a hearing on the merits.

Conflict of Laws - Topic 2226

Family law - Maintenance - Choice of law - Enforcing foreign orders - An unwed mother applied to enforce an Ontario provisional maintenance order requiring the father to pay maintenance for her and her child - The father claimed that since the law of Alberta (unlike the law of Ontario), did not recognize liability to support a common law wife, the order should not be enforced - The Alberta Provincial Court, Family Division, stated on a preliminary application that as a reciprocating court, it would have to apply Ontario law and that the father could only raise defences available to him under Ontario law - See paragraph 7.

Family Law - Topic 2543

Maintenance of wives and children - Enforcement of foreign orders - Jurisdiction - The Alberta Provincial Court, Family Division, held that it had jurisdiction to hear an application of an unwed mother for the enforcement of an Ontario provisional maintenance order requiring the father to pay maintenance for her and her child - The court stated that the unwed mother was a dependent within the meaning of the Reciprocal Enforcement of Maintenance Orders Act, R.S.A. 1980, c. R-7 - See paragraphs 9 and 25.

Words and Phrases

Dependent - The Alberta Provincial Court, Family Division, discussed the meaning meaning of "dependent" under the Reciprocal Enforcement of Maintenance Orders Act, R.S.A. 1980, c. R-7 - See paragraph 9.

Cases Noticed:

Scott v. A.G., [1955] S.C.R. 147 (S.C.C.), consd. [para. 5].

Ross v. Polak, [1971] 2 W.W.R. 241, consd. [para. 5].

Bailey v. Bailey (1968), 68 D.L.R.(2d) 537 (S.C.C.), consd. [para. 5].

Bodnar v. Popovich, [1974] 3 W.W.R. 658, consd. [para. 10].

Re McCartney, [1921] 1 Ch. 522, consd. [para. 19].

Mayo-Perrott, [1958] Ir. R. 336, consd. [para. 20].

Burchell v. Burchell, [1926] 2 D.L.R. 595 (Ont. S.C.), consd. [para. 21].

Statutes Noticed:

Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 27 [para. 16].

Family Law Reform Act, R.S.O. 1980, c. 152, sect. 14(b), sect. 15 [para. 6].

Reciprocal Enforcement of Judgments Act, R.S.A. 1980, c. R-6, sect. 2(6)(f) [para. 17].

Reciprocal Enforcement of Maintenance Orders Act, R.S.A. 1980, c. R-7, sect. 1(c) [para. 25]; sect. 5(2) [para. 18].

Authors and Works Noticed:

Dicey on Conflicts of Laws (9th Ed. 1973), p. 1032 [para. 19].

Counsel:

Charles D. Cousineau, for the respondent;

Inge Otto, for the Attorney General.

This application was heard before BOWKER, J., of the Alberta Provincial Court, Family Division, who delivered the following judgment on March 10, 1982.

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