Goudie v. Goudie, (1970) 1 Nfld. & P.E.I.R. 34 (NFTD)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 31, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 34 (NFTD)

Goudie v. Goudie (1970), 1 Nfld. & P.E.I.R. 34 (NFTD)

MLB headnote and full text

Goudie v. Goudie

Indexed As: Goudie v. Goudie

Newfoundland Supreme Court

Trial Division

Furlong, C.J.

October 31, 1970.

Summary:

Trial Court dismissed the petitioner's action for divorce on the grounds of cruelty. The Court held that the intolerability complained of must stem from the conduct of the respondent. The Court stated that being selfish and irresponsible does not constitute cruelty and the Court held that one instance of physical beating does not render intolerable continuation of married life.

Family Law - Topic 3650

Divorce - Cruelty - Section 3(d) of Divorce Act test is intolerability of life together which must result from conduct of respondent - Russell v. Russell test not followed - Petition dismissed where Acts and conduct complained of did not render marriage intolerable to petitioner - (Newfoundland Supreme Court, Trial Division).

Cases Noticed:

Russell v. Russell, [1879] A.C. 395, not folld.

Paskiewich v. Paskiewich (1969), 2 D.L.R. (3d) 622, refd to.

Galbraith v. Galbraith (1969), 69 W.W.R. 390, refd to.

Zalesky v. Zalesky (1969), 67 W.W.R. 104, folld.

Statutes Noticed:

Divorce Act, S.C. 1967-68, c. 24, sect. 3(d), sect. 8.

Counsel:

W. Marshall, for the petitioner, wife;

D.K.W. Dawe, Q.C., for the respondent, husband.