Supreme Court

Decision Information

Brunt v Brunt

Court Supreme Court
Date 1979-05-17
Judge(s) Disbery
Location Yellowknife
Cases and statutes considered Cases considered:
Cherniski v. Cherniski and Cyr
Busch v. Busch (1973) 3 W.W.R. 402

Statutes considered:
Divorce Act, s. 2, s. 3, s. 4, s. 9 (3)
Decision information:

Abstract: Petition and Counter-Petition for Divorce on grounds of adultery - On whole of evidence, Court finding that Respondent committed adultery with one woman - Court disbelieving Respondent's evidence that he did not commit adultery because he could not get erection - Sufficient evidence not adduced by Petitioner regarding other alleged incidents of adultery - Court finding Respondent guilty of mental cruelty - In considering Counter-Petition, Court finding Petitioner-Respondent guilty of adultery - Court considering possibility of condonation - Parties engaging in sexual intercourse after Petition filed - Divorce Act providing that condonation not including resumption of cohabitation during any single period of not more than 90 days - Court considering meaning of "any single period" - Parties not having reconciliation on their minds during incidents of sexual intercourse.
Decision: Concurrent Decrees Nisi for divorce granted to Petitioner and Respondent - Custody of children granted to Petitioner - Access to children granted to Respondent.
Subjects: Family law
Keywords: Divorce
Adultery
Condonation
Cohabitation

Decision Content

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