What is the law on the degree of proof required in divorce actions?

The law with respect to the degree of proof required in divorce actions as followed for many years is set out in Rooke v. Rooke and Dulmage 1935 CanLII 144 (SK CA), [1935] 2 W.W.R. 59. [P. 60 was here quoted.]

Briefly the circumstances or evidence must be such as would establish adultery “by fair inference as a necessary conclusion” and such as “would lead the guarded discretion of a reasonable and just man to the conclusion.” This view was followed in Paulin v. Paulin and Martin 1938 CanLII 128 (SK CA), [1938] 1 W.W.R. 261. See Halsbury’s Laws of England, 2nd ed., vol. 10, at p. 660: “973. In nearly every case the fact of adultery is inferred from circumstances, which lead to it, by fair inference, as a necesary conclusion.”