What is the test for a finding of cruelty in a divorce?
British Columbia, Canada
The following excerpt is from B.M.D. v. C.N.D., 2010 BCSC 1785 (CanLII):
In my view, it is not necessary to decide whether there has been cruelty. In this case, there are other grounds for the divorce. Our Court of Appeal has said that a finding of cruelty “bears a stigma; it should be avoided when no useful purpose is served”: McPhail v. McPhail, 2001 BCCA 250 at para. 10 [McPhail].
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