What is the test for determining the jurisdiction of an assessment in a divorce proceeding?

Manitoba, Canada

The following excerpt is from Cloutier-Chudy v. Chudy, 2008 MBQB 155 (CanLII):

Philp J.A. put it this way in MacIver v. MacIver [1988] M.J. No. 575: 7. The husband and counsel for the wife were unable to agree on the statute the wife’s application for an assessment had been brought. The husband thought it was under The Family Maintenance Act which provides for the direction by the court in an investigation in s. 3(1). That investigation refers to an investigation by a person who “has had no previous connection with the parties to the proceeding or to whom each party consents.” Counsel for the wife thought the application was founded in the Divorce Act, but she was unable to explain the jurisdiction of the court to order an assessment in proceedings under that Act ... It seems to me that it should not be necessary to search through all the documents in a court file (in this case, a file that is several inches thick) in order to ascertain under which act an order, whether interim or final, has been made.

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