Supreme Court of Canada

Miller v. Miller, [1984] 2 S.C.R. 310

Date: 1984-10-11

Edna Kathleen Miller (Plaintiff) Appellant;

and

James Alexander Miller (Defendant) Respondent.

File No.: 17456.

1984: October 3, 11.

Present: Beetz, Estey, Mclntyre, Chouinard, Lamer, Wilson and Le Dain JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Matrimonial law—Division of assets—Non-family assets—Company incorporated by husband but put in wife’s name for tax purposes—Husband fired—Settlement of wrongful dismissal action including general release of all claims against wife—Release predating The Family Law Reform Act, 1978—Claim for non-family assets not barred by release—The Family Law Reform Act, 1978, 1978 (Ont.), c. 2, s. 8.

APPEAL from a judgment of the Ontario Court of Appeal (1982), 1982 CanLII 68 (ON CA), 139 D.L.R. (3d) 128, 39 O.R. (2d) 74, 29 R.F.L. (2d) 395, allowing an appeal from a judgment of Boland J. Appeal dismissed.

M.C. Kronby, Q.C., for the appellant.

M. von Anrep, for the respondent.

The following is the judgment delivered by

THE COURT—We agree with the Ontario Court of Appeal for the reasons given by it that the release did not constitute a bar to the respondent’s claim under s. 8 of The Family Law Reform Act, 1978, 1978 (Ont.), c. 2. The appeal is accordingly dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellant: Kronby, Chercover, Toronto.

Solicitors for the respondent: von Anrep & Repei, St. Catharines.