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Facts[]

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.

Issue[]

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

Decision[]

Appeal allowed.

Reasons[]

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.

Ratio[]

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

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