Williams v. Hillier et al.

[1980] 2 SCR 368 Court SCC Decision date 1980-12-18 English

PartiesErnest Charles Williams Appellant·Patricia Judith Jacqueline Hillier and Harry Ian Hillier Respondents·The Attorney General of Canada, the Attorney General of Manitoba, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of New Brunswick, the Attorney General of Saskatchewan and the Attorney General of Alberta Interveners

Counsel (11)

J.R. Nickerson, for the appellant.
A.C. Arenson, for the respondents.
T.B. Smith, Q.C., and M.L. Basta, for the Attorney General of Canada.
R.M. Carr and R. Diamond, for the Attorney General of Manitoba.
J.J. Cavarzan, Q.C., and E. Goldberg, for the Attorney General of Ontario.
H. Brun and O. Laverdière, for the Attorney General of Quebec.
A.D. Reid, for the Attorney General of New Brunswick.
L.M. Brierley, for the Attorney General of Saskatchewan.
B.A. Crane, Q.C., for the Attorney General of Alberta.
Solicitors for the appellant: D’Arcy & Deacon, Winnipeg.
Solicitor for the respondents: A.C. Arenson, Winnipeg.

Judges Laskin, Bora; Ritchie, Roland Almon; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien

Delivered by Majority

On appeal from Manitoba

Subjects Family law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that the position of counsel for the appellant, which was thoroughly canvassed before this Court, has emptied this appeal of any constitutional issue. It was on the constitutional question put by the Court that leave to appeal was granted, as is admitted by counsel for the appellant and as is asserted in the factum of the respondent.

In the circumstances, we are all of the view that this appeal should be quashed. There will be no order as to costs.

Judgment accordingly.

Solicitors for the appellant: D’Arcy & Deacon, Winnipeg.

Solicitor for the respondents: A.C. Arenson, Winnipeg.

Footnotes

[1] (1979), 2 Man. R. (2d) 251.