Winmill v. Winmill, (1974) 5 N.R. 159 (FCA)

• Judge: Thurlow and Ryan, JJ., and Sheppard, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 28, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 5 N.R. 159 (FCA)

Winmill v. Winmill (1974), 5 N.R. 159 (FCA)

MLB headnote and full text

Winmill v. Winmill

Indexed As: Winmill v. Winmill

Federal Court of Appeal

Thurlow and Ryan, JJ., and Sheppard, D.J.

August 6, 1974.

Summary:

This headnote contains no summary.

Family Law - Topic 3504

Courts - Jurisdiction of Federal Court of Canada to hear a petition for divorce - Divorce Act, s. 2, 3, 4 and 5 - The Federal Court of Appeal held that s. 25 of the Federal Court Act was not applicable so as to give the Federal Court of Canada jurisdiction to hear divorce cases.

Cases Noticed:

Board v. Board (1919), 48 D.L.R. 13, folld. [para. 10].

Mayor of London v. Cox (1867), 2 E. & I. App. 239, folld. [para. 10].

Shuttleworth v. Seymour (1914), 28 W.L.R. 444, folld. [para. 14].

Margach v. The King, [1933] Ex.C.R. 7, folld. [para. 15].

Statutes Noticed:

Federal Court Act, S.C. 1970-71-72, c. 1, sect. 25 [para. 3].

Divorce Act, R.S.C. 1970, c. D-8, sect. 2, sect. 3, sect. 4, sect. 5 [para. 6].

Counsel:

W.M. O'Malley Forbes, for the appellant;

Lorne A. Montaine, for the respondent.

This appeal was heard by the Federal Court of Appeal at Vancouver, B.C., on June 28, 1974. Judgment was delivered by the Federal Court of Appeal on August 6, 1974 and the following opinions were filed:

THURLOW, J. - see paragraphs 1 to 11.

SHEPPARD, D.J. - see paragraphs 12 to 17.

RYAN, J., concurred with THURLOW, J.