Supreme Court of Canada
Voghell v. Voghell, [1961] S.C.R. 200
Date: 1961-02-21
Alice Voghell (Defendant) Appellant;
and
Paul Voghell (Plaintiff) Respondent.
1961: February 14; 1896: February 21.
PRESENT:—Kerwin C.J. and Martland and Ritchie JJ.
MOTION FOR LEAVE TO APPEAL.
Appeals—Custody of children—Leave to
appeal—Territorial Court of the Northwest Territories.
In his action, commenced at Yellowknife,
Northwest Territories, the plaintiff claimed the custody of the three children
issue of his marriage with the defendant, and claimed also damages for criminal
conversation from her co-defendant. Although the female defendant in her
counterclaim had asked only for the custody of the children, the trial judge,
considering that her evidence made it obvious that she wanted a divorce,
directed that the counterclaim be amended so as to include a prayer for
dissolution of the marriage. He then dissolved the marriage, granted custody of
the children to the defendant and dismissed the claim for damages against the
male defendant. The Court of Appeal for the Northwest
Territories reversed in part this
judgment, set aside the granting of the divorce and granted custody of the
children to the plaintiff.
The defendant applied for leave
to appeal to this Court with respect only to the custody of the children.
MOTION for leave to appeal from a judgment of
the Court of Appeal for the Northwest Territories, reversing in part a judgment of Sissons J. of the Territorial Court.
W. G. Morrow, Q.C., for the defendant, applicant.
A. M. Dechene, Q.C., for the plaintiff,
respondent.
The judgment of the Court was delivered by
THE CHIEF JUSTICE:—Mr. Morrow made it clear in his presentation that he was not arguing that leave to
appeal should be granted on the ground that the Territorial Court of the Northwest Territories had jurisdiction to enter
a decree of
divorce, but only on the question as to the custody of the children. The motion
for leave to appeal is dismissed without costs.
Leave refused without costs.
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