Bugden v. Bugden, (1974) 15 N.S.R.(2d) 535 (TD)

• Judge: McLellan, Loc. J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: August 28, 1974
• Jurisdiction: Nova Scotia
• Citations: (1974), 15 N.S.R.(2d) 535 (TD)

Bugden v. Bugden (1974), 15 N.S.R.(2d) 535 (TD);

       14 A.P.R. 535

MLB headnote and full text

Bugden v. Bugden

Indexed As: Bugden v. Bugden

Nova Scotia Supreme Court

Trial Division

McLellan, Loc. J.

August 28, 1974.

Summary:

This case arose out of a petition by a husband for divorce on the ground of cruelty. The wife was diagnosed as a schizophrenic and a question arose as to her capacity to instruct counsel and whether it was necessary for her to have intended to be cruel. The trial court granted the husband a divorce.

The trial court held that the woman was mentally competent to appreciate the legal aspects of a divorce action - see paragraph 3.

With respect to the question of intent the trial court stated that the proper question is whether the conduct of the wife amounted to cruelty. The trial court stated that it is not necessarily a question of whether the wife intended to be cruel - see paragraph 7.

Family Law - Topic 3657

Divorce - Cruelty - Intent - A husband petitioned for divorce on the ground of cruelty - The wife was diagnosed as a schizophrenic - Whether it was necessary for the wife to have intended to be cruel - The Nova Scotia Supreme Court, Trial Division, granted the husband a divorce - The Trial Division stated that the proper question is whether the conduct of the spouse amounted to cruelty and that it is not necessarily a question of whether the spouse intended to be cruel - See paragraph 7.

Practice - Topic 215

Persons who can sue and be sued - Individuals - Mental capacity of a woman to instruct counsel in a divorce action - The woman was diagnosed as a schizophrenic - Based on medical testimony the Nova Scotia Supreme Court, Trial Division, held that the woman was mentally competent to appreciate the legal aspects of a divorce action - See paragraph 3.

Words and Phrases

Treated - The Nova Scotia Supreme Court, Trial Division, discussed the meaning of the phrase "treated the petitioner with physical or mental cruelty" as found in section 3(d) of the Divorce Act, R.S.C. 1970, c. D-8.

Cases Noticed:

Williams v. Williams, [1963] 2 All E.R. 994, foll'd. [para. 4].

Priday v. Priday, [1970] 3 All E.R. 554, refd to. [para. 6].

Gollings v. Gollins, [1964] A.C. 644, [1963] 2 All E.R. 966, foll'd. [para. 7].

M. v. M., 14 R.F.L. 1, foll'd. [para. 7].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 3(d).

Counsel:

Jack Buntain, for the petitioner;

No one for the respondent.