What is the test for a soldier's right to a residence where they are ordered to move to a new location?

Alberta, Canada


The following excerpt is from Foote Estate (Re), 2009 ABQB 654 (CanLII):

That choice must be voluntary, for example a soldier ordered to a new location would not, as a consequence, lose his or her previous domicile (Udny v. Udny, at p. 458): There must be a residence freely chosen and not prescribed or dictated by any external necessity, such as the duties of office, the demands of creditors, or the relief from illness; ...

Lord Macnaghtan in Winans v. A.G., at p. 416 notes that intention to adopt a new domicile need not exist when a person moves to a new location. Rather, that intention can arise at a later point, and may be inferred to occur from a lengthy period of residency: Length of time is, of course, a very important element in questions of domicil. An unconscious change may come over a man’s mind. If the man goes about and mixes in society that is not an improbable result.

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