What is the effect of admitting adultery in a divorce action?

Saskatchewan, Canada


The following excerpt is from Gordon v. Gordon, 1935 CanLII 147 (SK CA):

TURGEON, J.A.—This is a divorce action, the wife being the plaintiff. The parties were married at Saskatoon on February 8, 1930, the husband then being 22 years old and the wife 20. The action for divorce was instituted in May, 1934, and was undefended. It was tried at Saskatoon in February, 1935. The only evidence tendered was that of the wife and of her mother. It consisted of admissions of adultery made to them by the husband. After hearing the evidence the learned trial judge took time to consider it, and, the next day, delivered judgment dismissing the action, and making the following statement: “In the case of Gordon v. Gordon I have given this matter consideration, and in my judgment it would be very dangerous to grant a decree of divorce on evidence of this character, and for that reason I am dismissing the action.”

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