''Murdoch v Murdoch'', also known as the Murdoch Case, was a controversial family law decision by the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
where the Court denied an abused ranch wife any interest in the family ranch.
This case is most notable for the public outcry it created at the time and for what many believe is
Justice Laskin's most famous dissenting opinion.
Irene Murdoch, the wife of an Albertan rancher, submitted a claim for half the interest in the family ranch that was registered under the husband's name. The question put before the Court was whether there was an implied
trust
Trust often refers to:
* Trust (social science), confidence in or dependence on a person or quality
It may also refer to:
Business and law
* Trust law, a body of law under which one person holds property for the benefit of another
* Trust (bus ...
on behalf of the wife for all her years of labour on the ranch.
In a 4-1 decision, a majority of the Court dismissed the wife's application. Speaking for the majority,
Justice Martland upheld the trial judge's finding that the wife's labour was not beyond what was normally expected of a ranch wife. Martland J. held that since there was no financial contribution nor intention to create a trust, there could be no
resulting trust
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person. The trust property ...
, relying on a similar English case, ''Gissing v. Gissing''.
[''Murdoch v. Murdoch'', pp. 437-439.]
In dissent, Laskin J. argued that the Court did not need to examine intent in order to find a trust; rather a
constructive trust
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enri ...
based in
equity
Equity may refer to:
Finance, accounting and ownership
* Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the dif ...
could be found.
Laskin's dissent proved to be among his most famous. Many scholars, himself included, believed that his dissent was a major factor in his unexpected promotion to
Chief Justice several years later.
Canadian
feminists
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male poi ...
publicized the case across the country. The outcry against the decision contributed to substantial reforms to matrimonial property laws across the country, giving husbands and wives equal rights to property acquired during the course of the marriage.
[Murdoch v. Murdoch and family property law in Canada.](_blank)
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Following the Supreme Court decision, Irene Murdoch started a new proceeding, a petition for divorce. In the divorce proceedings, she was found to be entitled to a lump-sum award of $65,000 from James Murdoch, in place of monthly spousal maintenance.
References
Supreme Court of Canada cases
Canadian family case law
Canadian property case law
1973 in Canadian case law
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