Court did not have jurisdiction to interfere with interests in land

Ontario civil | Aboriginal Peoples

REAL PROPERTY

Court did not have jurisdiction to interfere with interests in land

Application by husband for order for exclusive possession of matrimonial home. Parties were status Indians. During marriage, parties built home on land situated on reserve. Both parties had modest incomes, and neither party could afford to purchase interest of other. Application dismissed. Court did not have jurisdiction to interfere with interests in land on which matrimonial home was located. It appeared that it was band that ultimately decided who could be in possession of property. Band had not supported husband in his attempts to regain possession of home. Court did not have assurance that band would honour order granting possession to either of parties.

Syrette v. Syrette
(Oct. 14, 2011, Ont. S.C.J., Koke J., File No. 168/05) 208 A.C.W.S. (3d) 361 (10 pp.)

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