About: Murdoch v Murdoch

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An Entity of Type : dbo:SupremeCourtOfTheUnitedStatesCase, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
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Murdoch v Murdoch, also known as the Murdoch Case, was a controversial family law decision by the Supreme Court of Canada 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. In dissent, Laskin J. argued that the Court did not need to examine intent in order to find a trust; rather a constructive trust based in equity could be found.

Attributes	Values
rdf:type	Supreme Court of the United States case
rdfs:label	Murdoch v Murdoch (en)
rdfs:comment	Murdoch v Murdoch, also known as the Murdoch Case, was a controversial family law decision by the Supreme Court of Canada 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. In dissent, Laskin J. argued that the Court did not need to examine intent in order to find a trust; rather a constructive trust based in equity could be found. (en)
dcterms:subject	Canadian family case law 1973 in Canadian case law Canadian property case law Supreme Court of Canada cases
Wikipage page ID	2308675 (xsd:integer)
Wikipage revision ID	994956756 (xsd:integer)
Link from a Wikipage to another Wikipage	Roland Ritchie Ronald Martland Canadian family case law Bora Laskin Constructive trust Equity (law) Louis-Philippe Pigeon 1973 in Canadian case law Wilfred Judson Wishart Spence Resulting trust Feminists Canadian property case law Gérald Fauteux Supreme Court of Canada cases Chief Justice of Canada Supreme Court of Canada Douglas Abbott Emmett Hall Trust (law)
sameAs	Murdoch v Murdoch Murdoch v Murdoch Murdoch v Murdoch
dbp:wikiPageUsesTemplate	dbt:Canada-law-stub dbt:Citation_needed dbt:Reflist dbt:Who dbt:SCCInfoBox
Dissent	Bora Laskin
JoinMajority	Roland Ritchie Wilfred Judson Wishart Spence
citations	[1975] 1 S.C.R. 423 (en)
majority	Ronald Martland
ratio	No intention to create a trust in favour of the wife, who did not contribute to the finances in a way other than what was common for a ranch wife. (en)
has abstract	Murdoch v Murdoch, also known as the Murdoch Case, was a controversial family law decision by the Supreme Court of Canada 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 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, relying on a similar English case, Gissing v. Gissing. In dissent, Laskin J. argued that the Court did not need to examine intent in order to find a trust; rather a constructive trust based in equity 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 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. 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. (en)
case-name	Murdoch v Murdoch (en)
decided-date	1973-10-02 (xsd:date)
full-case-name	Irene Florence Murdoch v James Alexander Murdoch (en)
heard-date	0001-03-23 (xsd:gMonthDay)
NotParticipating	Chief Justice Fauteux and Justices Abbott, Hall, and Pigeon (en)
ruling	Application for division of matrimonial property under trust law dismissed. (en)
SCC	1970 (xsd:integer)
gold:hypernym	Decision
prov:wasDerivedFrom	wikipedia-en:Murdoch_v_Murdoch?oldid=994956756&ns=0
page length (characters) of wiki page	4142 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Murdoch_v_Murdoch
is Link from a Wikipage to another Wikipage of	List of Supreme Court of Canada cases (Laskin Court) Irene Murdoch Murdoch v. Murdoch
is Wikipage redirect of	Irene Murdoch Murdoch v. Murdoch
is foaf:primaryTopic of	wikipedia-en:Murdoch_v_Murdoch

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