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Civil Litigation - Civil procedure - Disposition without trial - Dismissal of action - Delay or failure to prosecute

Thursday, March 30, 2017 @ 8:00 PM  

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...