What is the test for a claim of domestic violence brought by the wife against the husband of a "very profligate" adultery offender?

Saskatchewan, Canada


The following excerpt is from Jones v. Jones, 1925 CanLII 98 (SK QB):

1866: Milford v. Milford, L.R. 1 P. 295, 36 L.J. Mat. 30: Adultery on the part of the husband of “a very profligate character” was proved. But it was held that legal cruelty had not been established. The wife relied on four occasions of personal violence. The Judge Ordinary concluded that there was nothing in the evidence to induce the conclusion that the wife’s safety was compromised, or any fears for it entertained even by herself. There was no suggestion of danger to her health or well-being in any way. The occasions of violence were long separated. The only fact established was the husband’s profligate adultery, with which the wife had put up for many years, without any suggestion of menace to her mental or physical well-being.

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