Jantz v. Jantz, (1982) 15 Sask.R. 141 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 09, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 15 Sask.R. 141 (QB)

Jantz v. Jantz (1982), 15 Sask.R. 141 (QB)

MLB headnote and full text

Jantz v. Jantz

(No. 01524)

Indexed As: Jantz v. Jantz

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Wright, J.

February 9, 1982

Summary:

This case arose out of an application by a petitioner in a divorce action for leave to file affidavit evidence to prove acts of adultery.

The Saskatchewan Court of Queen's Bench allowed the application.

Family Law - Topic 3559

Divorce - Grounds - Adultery - Evidence - Affidavit evidence - The Saskatchewan Court of Queen's Bench allowed a petitioner, in an undefended divorce action, to prove adultery by way of affidavit evidence pursuant to Queen's Bench Rule 605A - The court referred to the circumstances when such evidence should be accepted and the matters which must be included in such an affidavit (see paragraphs 8 to 11).

Family Law - Topic 4248

Divorce - Evidence - Affidavit evidence - The Saskatchewan Court of Queen's Bench referred to guidelines to be followed by a party intending to offer affidavit evidence (under Queen's Bench Rule 605A) to prove allegations in a divorce petition (see paragraphs 12 to 14).

Words and Phrases

Admission - The Saskatchewan Court of Queen's Bench discussed the meaning of the word "admission" as found in s. 9(1)(a) of the Divorce Act, R.S.C. 1970, c. D-8 (see paragraph 4).

Cases Noticed:

Prystawik v. Prystawik (1980), 19 A.R. 189, refd to. [para. 6].

Rice v. Rice, [1929] 1 W.W.R. 713, refd to. [para. 7].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rules, rule 284 [para. 3], rule 605A(1) [para. 2].

Divorce Act, R.S.C. 1970, c. D-8, sect. 9(1)(a) [para. 4].

Counsel:

D. Ilnicki, for the petitioner.

This application was heard by WRIGHT, J., of the Saskatchewan Court of Queen's Bench.

The judgment of WRIGHT, J., was delivered at Saskatoon, Saskatchewan, on February 9, 1982.