The appellant husband appealed an order granting the respondent wife exclusive lifetime possession of the matrimonial home under the Family Law Reform Act, arguing it was invalid or inoperative due to paramountcy when joined with a maintenance order under the Divorce Act.
The Supreme Court of Canada held that an order for exclusive possession is not a support order, and the provisions of the two statutes are not mutually exclusive.
The Court found no conflict between the federal and provincial legislation, as they confer independent jurisdictions in relation to different subject matters that complement each other.
