Wolf ( Re )

A-865-91

Létourneau J.A.

20/10/92

Appeal from Trial Division decision ([1992] 1 F.C. D-6) dismissing objection to seizure of appellant's real property -- Latter had acquired property in August 1978 by deed of partition of community property between herself and husband -- Property seized for taxes unpaid by mis en cause, appellant's husband, for 1976-1982 taxation years -- Appellant objected to seizure of property and asked seizure be quashed on ground she acquired property in question on August 3, 1978 when community dissolved and partitioned -- Appellant's husband declared bankruptcy in January 1989 -- Bankruptcy Act, s. 69 provides proceedings in execution or for recovery of claim provable in bankruptcy to be stayed -- Art. 746 under Civil Code of Lower Canada deed of partition declaratory, does not transfer ownership -- Once partition in effect, property deemed to belong to appellant and to have never belonged to husband -- Civil Code, art. 2091 does not apply as no conveyance of ownership and title -- Seizure by respondent seizure super non domino, that is seizure made of property of owner who is not seizing party's debtor -- Appellant's situation like that of giving in payment -- Appeal allowed -- Civil Code of Lower Canada, arts. 746, 2090, 2091-Bankruptcy Act, R.S.C., 1985, c. B-3, s. 69.