What is the test for establishing a domicile in an action?

Saskatchewan, Canada


The following excerpt is from Rzany v. Rzany, 1950 CanLII 187 (SK CA):

Martin, J.A., as he then was, stated thus: “I am therefore prepared to hold that the domicile was sufficiently established to enable the plaintiff to maintain the action apart altogether from the question of the contents of the affidavit which is referred to in the judgment of the learned Chief Justice, and I will only add as to the affidavit that the learned trial Judge under the circumstances of the case—the action being undefended— might have considered it as evidence. Kalenczuk v. Kalenczuk 1920 CanLII 167 (SK CA), [1920] 2 WWR 415, 13 Sask LR 262.”

Other Questions


Is an action for establishment title only, not claiming possession, not establishing title to land under the Rules? (Saskatchewan, Canada)
In a defamation action, can an interrogatory to establish the truth of the alleged defamation be used? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
What is the limitation period for an amendment to an action raising a new cause of action? (Saskatchewan, Canada)
Does the word "cause of action" mean the whole cause of action? (Saskatchewan, Canada)
Can a vendor bring an action at law or equitable action for an intermediate instalment of a contract? (Saskatchewan, Canada)
What is the test for a prima facie cause of action in a personal injury action? (Saskatchewan, Canada)
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
Does a matrimonial domicile acquired by residence as distinct from domicility in the ordinary sense give any jurisdiction to divorce in English law? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.