How have the courts dealt with the issue of domicile in a covenant in a separation agreement?
Saskatchewan, Canada
The following excerpt is from Manley v. Manley, 1939 CanLII 121 (SK QB):
This issue cannot be satisfactorily disposed of on the evidence already adduced on this application. Further evidence, viva voce or by affidavit or by both, would be required. There will be a non-jury sittings of the Court at Saskatoon on June 6 next. The issue re domicile can best be tried then by the trial Judge (Gillan v. Gillan [1934] O.W.N. 84) and the other issue re the said covenant in the separation agreement can be more satisfactorily disposed of at that time.
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