What is the burden of proving that the offence complained of has not been condoned?
Saskatchewan, Canada
The following excerpt is from Leaderhouse v. Leaderhouse, 1970 CanLII 570 (SK QB):
This subsection also places upon a petitioner the burden of satisfying the court that the matrimonial offence complained of has not been condoned. As Lord Denning put it in his speech in Blyth v. Blyth (No. 2), [1966] A.C. 643, [1966] [illegilble text] All E.R. 524 at 535; “It then becomes plain that the word ‘satisfied’ deals only with the incidence of proof, not with the standard of proof. It shows on whom the burden lies to satisfy the court, and not the degree of proof which he must attain.”
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