Claude Bouvier v. Jo-Ann Bouvier

(Saskatchewan) (Civil) (By Leave)


Family law — Family assets — Division — Did the Court of Appeal misapply the doctrine of res judicata? — Did the Court of Appeal misapply double recovery, granting pursuit of income that was previously divided in equity?


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The respondent, Ms. Bouvier, was granted an unequal distribution of the family property, and the marriage was dissolved. Ms. Bouvier brought an application requesting that the applicant, Mr. Bouvier, provide an accounting of all rental and other income received from the farm land. The chambers judge held that Ms. Bouvier’s action should be struck on the basis that the issue of post-order income was res judicata. The Court of Appeal concluded that the chambers judge erred in his application of the doctrine of res judicata and allowed Ms. Bouvier’s appeal.

Lower Court Rulings

November 23, 2022
Court of Queen’s Bench of Saskatchewan

2021 SKQB 303, QBG 78 of 2021
Respondent’s application requesting that the applicant provide an accounting of all rental and other income received from farm land dismissed
January 31, 2023
Court of Appeal for Saskatchewan

2023 SKCA 17, CACV3949
Respondent’s appeal allowed with costs