In what circumstances will the court dismiss an application to strike an action for interim distribution or exclusive possession?
Saskatchewan, Canada
The following excerpt is from Harding v Harding, 2013 SKQB 78 (CanLII):
In Dressler v. Dressler, 2005 ABQB 93, 377 A.R. 45, the court dismissed an application to strike an action for the division of family property commenced by the deceased wife. Among other things, the court notes (at para. 65) that while the death of any witness is prejudicial, the legislation contemplates the continuation of an action despite the death of the spouse, and accordingly “tolerates such prejudice”. B. The Application for an Interim Distribution or Exclusive Possession
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