Bennett v. Bennett

Bennett v. Bennett

The summary judgment was affirmed because the parties could not financially maintain the farm and sale was required; the appellant may amend his pleadings but cannot pursue a vesting order or proprietary remedy; the stay of exclusive interim possession is continued with limited, specified terms; costs were awarded to the respondent in a fixed amount.

Citation
2011 ONCA 822
Parties
Applicant (respondent): Cathy Jane Bennett; Respondent (appellant): Charles Murray Bennett
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 December 2011
Procedural Posture
Family / Appeal From Summary Judgment and Interlocutory Orders (court of Appeal)
Outcome
Appeal dismissed in part and allowed in part
Legal Topics
Summary Judgment, Exclusive Interim Possession, Sale of Property, Amendment of Claim, Proprietary Remedy, Vesting Order, Costs
Source Language
English
Family Law Property Law Civil Procedure Summary Judgment Exclusive Interim Possession Sale of Property Amendment of Claim Proprietary Remedy +2 more

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Parties

Cathy Jane Bennett

Applicant (respondent)

Charles Murray Bennett

Respondent (appellant)

Procedural Posture

Family / Appeal From Summary Judgment and Interlocutory Orders (court of Appeal)

Legal Issues

  1. 1 Whether summary judgment requiring sale of the farm was properly granted
  2. 2 Whether the appellant may amend his claim to plead a vesting order or other proprietary remedy
  3. 3 Whether the stay of the order for exclusive interim possession should be continued and on what terms

Ratio Decidendi

The summary judgment was affirmed because the parties could not financially maintain the farm and sale was required; the appellant may amend his pleadings but cannot pursue a vesting order or proprietary remedy; the stay of exclusive interim possession is continued with limited, specified terms; costs were awarded to the respondent in a fixed amount.

Court Disposition

Appeal dismissed in part and allowed in part

Orders

  • Appeal from the summary judgment granted by Quigley J. on May 27, 2011 is dismissed
  • Mr. Bennett is entitled to amend his claim except he may not assert a claim for a vesting order or a proprietary remedy