What is the impact of extending the spousal incompetency rule?
Ontario, Canada
The following excerpt is from R. v. Nguyen, 2015 ONCA 278 (CanLII):
I would also point out that in the family law context, spouses have the option of “contracting out” of the regimes governing spousal support and property division. Testimonial incompetence, however, renders an individual legally incapable of testifying: it is not a matter of choice nor is it a matter which the spouses can decide between themselves as a matter of contract. In this respect, therefore, the negative impact of extending the spousal incompetency rule can be viewed as more severe than that in Quebec v. A.
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