Acts and Regulations

2012, c.107 - Marital Property Act

Section 29
Disposition versions

Full text
Order to pay for wrongful disposition of household goods
29(1)If an application is made under subsection 27(1) and it appears to the Court that any household goods specified in the application have, without the consent of the applicant, been disposed of by the defendant,
(a) within the period of three months immediately before the date of the application,
(b) on or after the date of the application but before the service of notice of the application on the defendant, or
(c) in contravention of subsection 27(2),
and if the Court is of the opinion that, but for the disposition, it would have made an order under subsection 27(3) in respect of those household goods, the Court may order the defendant to pay to the applicant in respect of the loss of use and enjoyment of those household goods such amount as the Court considers fair and reasonable.
29(2)If any household goods are disposed of in contravention of subsection 27(2), an order made under subsection 27(3), or an order made under paragraph 23(1)(d), to a person having notice that household goods are being disposed of in contravention of any of them, the Court, on application by the spouse who applied for an order in respect of the household goods, may order that person to pay to the applicant in respect of the loss of the use and enjoyment of those household goods such amount as the Court considers fair and reasonable.
29(3)If any household goods are disposed of in contravention of an order made under subsection 27(3), an order made under paragraph 23(1)(d), the Court, on application of the spouse in whose favour the order in respect of the household goods was made, may order the other spouse to pay to the applicant in respect of the loss of the use and enjoyment of those household goods such amount as the Court considers fair and reasonable.
1980, c.M-1.1, s.29, s.30
Order to pay for wrongful disposition of household goods
29(1)If an application is made under subsection 27(1) and it appears to the Court that any household goods specified in the application have, without the consent of the applicant, been disposed of by the defendant,
(a) within the period of three months immediately before the date of the application,
(b) on or after the date of the application but before the service of notice of the application on the defendant, or
(c) in contravention of subsection 27(2),
and if the Court is of the opinion that, but for the disposition, it would have made an order under subsection 27(3) in respect of those household goods, the Court may order the defendant to pay to the applicant in respect of the loss of use and enjoyment of those household goods such amount as the Court considers fair and reasonable.
29(2)If any household goods are disposed of in contravention of subsection 27(2), an order made under subsection 27(3), or an order made under paragraph 23(1)(d), to a person having notice that household goods are being disposed of in contravention of any of them, the Court, on application by the spouse who applied for an order in respect of the household goods, may order that person to pay to the applicant in respect of the loss of the use and enjoyment of those household goods such amount as the Court considers fair and reasonable.
29(3)If any household goods are disposed of in contravention of an order made under subsection 27(3), an order made under paragraph 23(1)(d), the Court, on application of the spouse in whose favour the order in respect of the household goods was made, may order the other spouse to pay to the applicant in respect of the loss of the use and enjoyment of those household goods such amount as the Court considers fair and reasonable.
1980, c.M-1.1, s.29, s.30