If damages are only sought for in England, can a plaintiff bring an action for criminal conversation in this province?
Saskatchewan, Canada
The following excerpt is from Dennis v. Evans, 1964 CanLII 354 (SK QB):
This point was considered by our court of appeal in Babcock v. Babcock and King 1929 CanLII 136 (SK CA), [1929] 2 WWR 533, 24 Sask LR 89, where Haultain, C.J.S. said at p. 536: “If damages only are sought for, the injured husband must in England proceed by petition in the Probate and Divorce Division, and in this province by an action for criminal conversation in the King’s Bench.”
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