Morand v. Paquin

Morand v. Paquin

The Supreme Court allowed the appeal, held that the Superior Court was correct to order the respondent to render accounts and to reduce the appellant's claim in light of its interpretation of Civil Code art. 1425 and adverse findings on the respondent's credibility, and therefore quashed the Court of Appeal judgment and reinstated the Superior Court judgment.

Citation
[1976] 1 SCR 284
Parties
Plaintiff Appellant: Gertrude Morand; Defendant Respondent: Georges Paquin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1974
Procedural Posture
Appeal (civil) / Appeal to the Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; judgment of the Court of Appeal quashed; Superior Court judgment reinstated
Legal Topics
Accounting, Contestation of Account, Marital Property, Fruits, Civil Code Interpretation, Article 1425
Source Language
English
Bills of Exchange Family Law Property Law Accounting Contestation of Account Marital Property Fruits Civil Code Interpretation +1 more

Case Brief

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Parties

Gertrude Morand

Plaintiff Appellant

Georges Paquin

Defendant Respondent

Procedural Posture

Appeal (civil) / Appeal to the Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the husband is bound to surrender fruits consumed prior to dissolution of marriage under Civil Code art. 1425
  2. 2 Whether the respondent must render an account to the appellant
  3. 3 Whether the respondent's testimony is credible and suffices to defeat the accounting claim

Ratio Decidendi

The Supreme Court allowed the appeal, held that the Superior Court was correct to order the respondent to render accounts and to reduce the appellant's claim in light of its interpretation of Civil Code art. 1425 and adverse findings on the respondent's credibility, and therefore quashed the Court of Appeal judgment and reinstated the Superior Court judgment.

Court Disposition

Appeal allowed; judgment of the Court of Appeal quashed; Superior Court judgment reinstated

Orders

  • Quash judgment of the Court of Appeal [1973] C.A. 211
  • Reinstate the Superior Court judgment ordering the respondent to render an account and reflecting the reduced claim as interpreted under Civil Code art. 1425