Supreme Court

Decision Information

Prystawik v Prystawik

Court Supreme Court
Date 1979-05-01
File numbers 6101-00699
Judge(s) Tallis
Location Yellowknife
Cases and statutes considered Cases considered:
Campbell v. Campbell, 27 R.F.L. 40
Smith v, Smith and Smedman [1952] 2 S.C.R. 312

Statutes considered:
Divorce Act, s. 3 (d), s. 9 (1) (c)
Rule 4
Decision information:

Abstract: Wife petitioning for divorce on ground of adultery on part of husband - Trial of petition - Pleadings not disclosing sufficient particulars of material facts relied on - Court finding it necessary for counsel to carefully draft petition so as to include appropriate claims under Matrimonial Property Ordinance pursuant to Rule 4 - Petitioner giving evidence at hearing yet having no personal knowledge of alleged adultery - Court not satisfied as to truth of allegation of adultery - Court applying civil standard of burden of proof - Court not finding it necessary to decide whether Petitioner's subsequent conduct amounting to condonation.
Decision: Decree Nisi refused on evidence presented - leave granted to Petitioner to apply to re-open hearing to adduce further evidence.
Subjects: Family law
Keywords: Divorce
Adultery
Evidence
Burden of proof

Decision Content

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