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- Parties: The petitioner (wife) was Janet Ann May Palamar. The respondent (husband) was Robert John Palamar.
- Subject Matter: The wife filed a petition on Nov. 9, 2018 and a notice of motion for substitutional service on Mar. 5, 2019. On Mar. 27, 2019, the master issued an order for substitutional service. The husband filed his answer on Nov. 18, 2019. On Mar. 6, 2024, the wife filed a notice of motion to dismiss his answer for delay under r. 24.01 and/or r. 24.02 of the Court of King’s Bench Rules, Man Reg 553/88. This case concerned the application of the “Drop-Dead Rule” in r. 24.04, which required courts to dismiss actions after a three-year period has elapsed with no significant advances in the litigation.
- Ruling: The court ruled in the petitioner’s favour and dismissed the action. The court found that there was a three-year delay with no significant advances. But the court noted that the parties could still apply for a divorce, which both parties wanted; could freely litigate issues relating to a jointly-owned commercial building that currently had a lien registered against the husband’s interest; and could still litigate the issue of potential child support arrears, which engaged the best interests of their children.
- Date: The court released its decision on Jan. 15, 2025.
- Venue: This was a case before the Court of King's Bench of Manitoba.
- Amount: The court awarded the wife ordinary (tariff) costs of the entire litigation.
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Respondent
Petitioner
Court
Court of King's Bench ManitobaCase Number
FD 18-02-08404Practice Area
Family lawAmount
Not specified/UnspecifiedWinner
PetitionerTrial Start Date