Does a plaintiff have an interest in land?
Saskatchewan, Canada
The following excerpt is from Moore v. Moore, 1976 CanLII 908 (SK QB):
I am in substantial agreement with the reasoning of Fulton J. in Cameron v. Armstrong. The only question is whether or not the plaintiff does have an interest within the law as stated by Martland J. in Murdoch v. Murdoch, 1973 CanLII 193 (SCC), [1974] 1 W.W.R. 361 at 371, 13 R.F.L. 185, [1975] 1 S.C.R. 423, 41 D.L.R. (3d) 367. I agree with Fulton J. where he states [at p. 417]: “Finally, I am of the view that the principle quoted above [Martland J.] holds equally true when the benefit ultimately created is a personal but valuable right or interest, as when it is a legal interest in land.”
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