Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Delay or failure to prosecute

Monday, March 27, 2017 @ 8:49 AM  

Appeal by the defendant, the litigation representative of the wife's estate, from refusal to strike a matrimonial property claim issued by her ex-husband.  The parties married in 1982, separated in 1996, and divorced in 1999. The husband's original matrimonial property action remained unresolved. After the wife's death in July 2014, the husband filed a proof of death with the registrar of land titles. The wife's estate applied to sever the joint tenancy in the matrimonial home and brought an application to terminate co-ownership. The wife sought...