FANDOM


FactsEdit

The wife brought a divorce petition alleging adultery by her husband with an unnamed third party. The husband admitted to adultery in a sworn affidavit, however the trial judge denied the petition on the basis that the adultery had not been sufficiently proven.

IssueEdit

  1. Is a sworn affidavit of the husband acknowledging his uncondoned adultery with a third person sufficient to grant a divorce judgment?

DecisionEdit

Appeal allowed.

ReasonsEdit

The court, in a unanimous decision, held that the affidavit was sufficient to satisfy s. 8(2)(b)(i) of the Divorce Act and Rule 57.19 (now Rule 59.43) and ordered that a divorce judgment be granted.

RatioEdit

Admission of adultery is sufficient to grant a divorce; no need for proof or to name the third party.

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.