Arnold Bros. Transport Ltd. v. Date:, 2014 MBCA 9

Citation: Arnold Bros. Transport Ltd. v. Date: 20140122 Murphy, 2014 MBCA 9 Docket: AI 13-30-08022 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Michel A. Monnin Madam Justice Barbara M. Hamilton Mr. Justice Alan D. MacInnes BETWEEN : ) ARNOLD BROS. TRANSPORT LTD. ) G. M. Driedger ) for the Appellant (Applicant) Respondent ) ) J. B.

Martens - and - ) for the Respondent ) DEBRA ANN MURPHY ) Appeal heard and ) Decision pronounced: (Respondent) Appellant ) January 22, 2014 ) MONNIN J.A. (for the Court): [ 1 ] This is an appeal from an order made following a notice of application seeking the opinion, advice and direction of the court, pursuant to Queen’s Bench Rule 14.05(2)(c)(v). [ 2 ] The motion judge ordered that a judgment obtained by the respondent, against one of the joint owners of a property and registered against that title, should be paid in full from the proceeds of sale in accordance with s. 136(3) of The Real Property Act , C.C.S.M., c.

R30. She also found that the joint tenancy had not been severed by any act of either of the joint tenants. [ 3 ] We have not been persuaded that the motion judge erred in arriving at the conclusion that she did. [ 4 ] We are in substantial agreement with her reasons and, accordingly, would dismiss the appeal with costs. J.A. J.A. J.A.