Cardy v. Cardy

McNally, J. (dissenting).

Defendant-appellant appeals from an order denying his motion under rules 106 and 107 of the Rules of Civil Practice to dismiss the second amended complaint on various grounds among which are that the allegations thereof do not sustain any cause of action and there is an existing final judgment determining the causes of action herein. This action is for fraud and deceit by the former wife of the defendant to recover damages equivalent to the value of her one-half share of legal community property of their marriage under the Civil Code of the Province of Quebec.

The…