Laroche v. Laroche

Laroche v. Laroche

Where the matrimonial community was insolvent at the time of the wife's death, the surviving spouse's failure to make a statutory inventory did not give rise to continuation of community; the precedent in King v. McHendry is binding and dispositive in the circumstances, therefore the appeal is dismissed and the lower court judgment affirmed.

Citation
(1916) 52 SCR 662
Parties
Appellant / Plaintiff: W. P. LaRoche; Respondent / Defendants: Mary Ann LaRoche and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1916
Procedural Posture
Appeal (family Law / Succession — Community of Property) / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed; judgment of the Court of King's Bench affirmed.
Legal Topics
Community of Property, Continuation of Community, Inventory Requirements, Insolvent Estate, Estoppel, Renunciation, Rights of Minor Heirs
Source Language
English
Family Law Property Law Succession Community of Property Continuation of Community Inventory Requirements Insolvent Estate Estoppel +2 more

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Parties

W. P. LaRoche

Appellant / Plaintiff

Mary Ann LaRoche and Others

Respondent / Defendants

Procedural Posture

Appeal (family Law / Succession — Community of Property) / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether failure of the surviving spouse to make a statutory inventory after the death of the other spouse results in continuation of the matrimonial community when the community was insolvent at the time of death
  2. 2 Whether minor children (or their heirs) can assert continuation of community after the death of the surviving spouse
  3. 3 Whether insolvency of the community obviates the obligation to make an inventory and prevents continuation of community

Ratio Decidendi

Where the matrimonial community was insolvent at the time of the wife's death, the surviving spouse's failure to make a statutory inventory did not give rise to continuation of community; the precedent in King v. McHendry is binding and dispositive in the circumstances, therefore the appeal is dismissed and the lower court judgment affirmed.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench, appeal side (Q.R. 24 K.B. 138), affirmed