Can a person who drew the contract for sale or transfer in that case, take an acknowledgment of the wife, form B under The Homesteads Act, and then withdraw from the agreement?
Saskatchewan, Canada
The following excerpt is from Lavoie v. Marchildon, 1953 CanLII 169 (SK QB):
In Hulowski v. Hulowski [1945] 3 WWR 140 (affirmed on other grounds ibid, p. 753) a similar situation arose. The person who drew the contract for sale or transfer in that case, also took the acknowledgment of the wife, form B under The Homesteads Act; and McNiven, J.A., then a trial judge, found (headnote): “Where a transfer is voidable on the above grounds circumstances may arise or the wife may so conduct herself as to estop her from asserting her rights under the Act *. * *.” Again: “Although a person cannot be estopped from alleging the invalidity of a transaction which is prohibited by statute on grounds of general public policy * * *; the rule is otherwise where the transaction in question is one which must eat the risk of a statutory penalty be performed in a certain way, and the statute affects only a certain class of persons.”
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