Willenbrecht v. Willenbrecht, (1999) 120 O.A.C. 274 (CA)

• Judge: Charron, J.A.
• Court: Court of Appeal (Ontario)
• Case Date: April 30, 1999
• Jurisdiction: Ontario
• Citations: (1999), 120 O.A.C. 274 (CA)

Willenbrecht v. Willenbrecht (1999), 120 O.A.C. 274 (CA)

MLB headnote and full text

Temp. Cite: [1999] O.A.C. TBEd. MY.058

Albert Helmut Willenbrecht (petitioner/respondent) v. Bonnie Sue Willenbrecht (respondent/appellant)

(M24212)

Indexed As: Willenbrecht v. Willenbrecht

Ontario Court of Appeal

Charron, J.A.

May 19, 1999.

Summary:

The wife wanted to appeal an Ontario divorce judgment, arguing that the Ontario court may not have had jurisdiction to grant it. She moved for an extension of time to file her appeal.

The Ontario Court of Appeal, per Charron, J.A., dismissed the motion.

Family Law - Topic 3503

Divorce - Jurisdiction - General - Courts - General - In February 1995, the wife­ filed a divorce petition in Alberta - In June 1995, she moved to Ontario - In Septem­ber 1995, the husband filed for divorce in Ontario - In May 1997, the parties agreed in writing that the proceed­ings would be transferred to Ontario - The Ontario court issued a divorce judgment - In May 1998, the wife moved back to Alberta with the parties' child - She wanted to pursue the Alberta divorce proceedings - She sought a declaration that the Ontario proceedings were invalid - The Alberta court denied her request, stating that she had "ceded jurisdiction to the Ontario court" - The wife wanted to appeal the Ontario judg­ment, arguing lack of jurisdic­tion - She moved for an exten­sion of time to file her appeal - The Ontario Court of Appeal, per Char­ron, J.A., dismissed the motion.

Family Law - Topic 4165

Divorce - Practice - Appeals - Extension of time for filing and serving notice of appeal - [See Family Law - Topic 3503 ].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 3(1) [para. 7]; sect. 3(2) [para. 3].

Counsel:

Bonnie Sue Willenbrecht, for the appellant, in person;

Albert Helmut Willenbrecht, for the res­pondent, in person.

This motion was heard on April 30, 1999, by Charron, J.A., in Chambers, of the Ontario Court of Appeal, who released the following decision on May 19, 1999.