In what circumstances will the Supreme Court allow a defendant husband to deny his wife’s allegation of sexual intercourse?

Saskatchewan, Canada


The following excerpt is from Olson v. Olson, 1971 CanLII 753 (SK QB):

In Joseph v. Joseph, [1915] P. 122, the wife testified that sexual intercourse had occurred at a date material to her case. Such intercourse was denied by the defendant husband. Bargrave Deane J. said at p. 124: “I think the justices made a mistake in deciding the case and in making the order upon the mere ipsa dixit of the woman.”

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