How have damages been awarded in a common law action for criminal conversation?
British Columbia, Canada
The following excerpt is from Rutherford v. Rutherford, 1979 CanLII 457 (BC SC):
Unlike the action for criminal conversation the statutory claim for damages was usually joined with a petition for divorce and so it was based on the idea that the wife’s society was lost forever through the misconduct of the co-respondent. However, in a proceeding for criminal conversation at common law, damages were given notwithstanding the fact the wife later returned to the matrimonial home and the marriage did not break up: Kenny v. Semchuk (1958), 1958 CanLII 180 (SK CA), 15 D.L.R. (2d) 301, 26 W.W.R. 206.
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