Does a claim made by the wife in her pleadings and otherwise, or otherwise, until her appeal before this court was heard?
Manitoba, Canada
The following excerpt is from Schreyer v. Schreyer, 2009 MBCA 84 (CanLII):
34 No such claim was ever advanced by the wife in her pleadings, or otherwise, until her appeal before this court. This court has stated on many occasions, including recently by Steel J.A. in Simcoff v. Simcoff, 2009 MBCA 80 (at para. 57): …. Cases should not be decided on matters that have not been pled. ….
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Human Rights Appeal Court have concurrent jurisdiction with the Court of Appeal in a collective agreement dispute? (Manitoba, Canada)
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay? (Manitoba, Canada)
What is the standard of review for appeal in this appeal? (Manitoba, Canada)
What is the definition of a “defence of a claim” and what is the effect of the claim? (Manitoba, Canada)
Does an arbitrator’s analysis of the definition of a Subpara-SIL Claim (b) fail to give effect to all words of the SIL Claim definition? (Manitoba, Canada)
What is the test for certifying a decision of the Court of Appeal? (Manitoba, Canada)
How have the courts dealt with a claim for the return of client files from a plaintiff law firm? (Manitoba, Canada)
If an order is made without jurisdiction and rescinded by the Court of Appeal, is there a remedy for a motion to rescind it? (Manitoba, Canada)
What is the role of the Court of Appeal in adjudicating in cases involving "academic matters"? (Manitoba, Canada)
What is the test for appeal grounds of appeal in family law? (Manitoba, Canada)
