Miller v. Miller

Miller v. Miller

A general release executed before the Family Law Reform Act, 1978 does not bar a spouse's claim under s.8 of that Act to assets that are subject to division; accordingly the release did not constitute a bar to the respondent's claim and the appeal was dismissed.

Citation
[1984] 2 SCR 310
Parties
Appellant (plaintiff): Edna Kathleen Miller; Respondent (defendant): James Alexander Miller
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 October 1984
Procedural Posture
Family Law Appeal (matrimonial Property) / Appeal to the Supreme Court of Canada — Judgment Delivered (appeal Dismissed)
Outcome
Appeal dismissed with costs.
Legal Topics
Division of Assets, Non Family Assets, General Release, The Family Law Reform Act, 1978 S.8, Wrongful Dismissal Settlement, Asset Titling for Tax Purposes
Source Language
English
Family Law Matrimonial Property Contract Law Employment Law Statutory Interpretation Division of Assets Non Family Assets General Release +3 more

Case Brief

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Parties

Edna Kathleen Miller

Appellant (plaintiff)

James Alexander Miller

Respondent (defendant)

Procedural Posture

Family Law Appeal (matrimonial Property) / Appeal to the Supreme Court of Canada — Judgment Delivered (appeal Dismissed)

Legal Issues

  1. 1 Whether a general release executed in settlement of a wrongful dismissal bars a subsequent claim to assets under s.8 of The Family Law Reform Act, 1978
  2. 2 Whether assets of a company incorporated by the husband but held in the wife's name for tax purposes constitute non-family assets subject to division
  3. 3 Whether a release predating the Family Law Reform Act, 1978 can extinguish statutory rights created by that Act

Ratio Decidendi

A general release executed before the Family Law Reform Act, 1978 does not bar a spouse's claim under s.8 of that Act to assets that are subject to division; accordingly the release did not constitute a bar to the respondent's claim and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.