In what circumstances will a husband and wife be found to be parties to the making of a declaration that a certain document is a charge on the homestead?
Saskatchewan, Canada
The following excerpt is from Royal Trust Company v. Dekker, 1976 CanLII 948 (SK QB):
In that case the land was a homestead at the time of action and all other times material. In that case the husband and wife were parties to the action opposing the making of a declaration that a certain document was a charge on the homestead. The trial judge found the document null and void “under the circumstances”. In my view, that case is not at odds with the line of cases culminating in Friess v. Imperial Oil Ltd., supra, or the proposition therein [at p. 151] that it is “As against a non-consenting wife [that] every . . . instrument intended to convey any interest in a homestead . . . is invalid and void”.
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