Supreme Court of Canada

Beard v. Beard, 1982 CanLII 164 (SCC), [1982] 1 SCR 282

Date: 1982-02-10

Robert Kipling Beard (Defendant, Respondent) Appellant;

and

Eileen Divina Beard (Plaintiff, Appellant) Respondent.

File No.: 16375.

1982: February 10.

Present: Laskin C.J. and Ritchie, Dickson, Beetz, Estey, McIntyre and Chouinard JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ALBERTA

Matrimonial law—Division of assets—Joint farming operation—Inherited farm land owned separately by wife—Husband not entitled to one half inflationary increment of land’s value.

APPEAL from a judgment of the Alberta Court of Appeal (1980), 41 N.R. 106, varying a judgment of McClung J. Appeal dismissed.

Peter C.P. Thompson, Q.C., and Hugh Lander-kin, Q.C., for the appellant.

B.A. Crane, Q.C., and J.R.B. Stephen, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Crane and Mr. Stephen. We are all of the opinion that there was no ground shown to set aside the judgment of the Alberta Court of Appeal. This appeal is accordingly dismissed with costs.

Judgment accordingly.

Solicitors for the appellant: Landerkin, Dunphy, Calvert, Minchen, Calgary.

Solicitors for the respondent: Stephen, Ebbert, Olien, Calgary.