Downton v. Royal Trust Co. et al.

Downton v. Royal Trust Co. et al.

Where a spouse submitted to a foreign court solely to protect pre-existing separation benefits and did not accept or rely on the foreign decree for maintenance or other advantages, she is not precluded from denying the validity of an invalid foreign divorce in the domicile and may claim dependant relief under The Family Relief Act; on these facts the trial judge's award of $20,000 is restored.

Citation
[1973] SCR 437
Parties
Applicant/appellant (lawful Widow): Marion Downton; Defendant/respondent (corporate Executor): The Royal Trust Company, Executor of the Last Will and Testament of Raymond A. Downton, Deceased; Defendant/respondent (second Wife): Lorraine Nada Downton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1972
Procedural Posture
Application Under the Family Relief Act, 1962 (newfoundland); Estate Variation and Conflict of Laws Question Regarding Recognition of Foreign Divorce / Appeal to the Supreme Court of Canada From the Supreme Court of Newfoundland on Appeal
Outcome
Appeal allowed; order of the trial judge restored.
Legal Topics
Preclusion Doctrine, Recognition of Foreign Divorce, Dependants' Relief Under Family Relief Legislation, Marital Status and Domicile, Estate Variation
Source Language
English
Conflict of Laws Family Law Inheritance and Estates Private International Law Preclusion Doctrine Recognition of Foreign Divorce Dependants' Relief Under Family Relief Legislation Marital Status and Domicile +1 more

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Parties

Marion Downton

Applicant/appellant (lawful Widow)

The Royal Trust Company, Executor of the Last Will and Testament of Raymond A. Downton, Deceased

Defendant/respondent (corporate Executor)

Lorraine Nada Downton

Defendant/respondent (second Wife)

Procedural Posture

Application Under the Family Relief Act, 1962 (newfoundland); Estate Variation and Conflict of Laws Question Regarding Recognition of Foreign Divorce / Appeal to the Supreme Court of Canada From the Supreme Court of Newfoundland on Appeal

Legal Issues

  1. 1 Whether appellant is precluded from asserting status as lawful widow after submitting to foreign divorce proceedings
  2. 2 Whether Nevada divorce is effective in Newfoundland for purposes of dependant status and estate claims
  3. 3 Whether appellant is entitled to relief under The Family Relief Act despite foreign decree

Ratio Decidendi

Where a spouse submitted to a foreign court solely to protect pre-existing separation benefits and did not accept or rely on the foreign decree for maintenance or other advantages, she is not precluded from denying the validity of an invalid foreign divorce in the domicile and may claim dependant relief under The Family Relief Act; on these facts the trial judge's award of $20,000 is restored.

Court Disposition

Appeal allowed; order of the trial judge restored.

Orders

  • Appeal allowed and order of Furlong C.J. restored
  • Appellant awarded $20,000 from the deceased's estate