Can a learned trial judge order that a constructive trust action be used in a divorce action?
Alberta, Canada
The following excerpt is from K.R. v. R.R., 1980 ABCA 97 (CanLII):
In Marquardson v. Marquardson three actions were tried together. These actions were for divorce under the Divorce Act, a constructive trust action; and thirdly, an action under The Matrimonial Property Act, 1978. It is apparent that under the latter statutes the learned trial judge may have power to do what he did in Marquardson v. Marquardson, but he cannot accomplish that result under the provisions of the Divorce Act.
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