What must be the circumstances or evidence to establish adultery?
Saskatchewan, Canada
The following excerpt is from M. v. M., 1943 CanLII 156 (SK QB):
Briefly the circumstances or evidence must be such as would establish adultery “by fair inference as a necessary conclusion” and such as “would lead the guarded discretion of a reasonable and just man to the conclusion.” This view was followed in Paulin v. Paulin and Martin 1938 CanLII 128 (SK CA), [1938] 1 W.W.R. 261. See Halsbury’s Laws of England, 2nd ed., vol. 10, at p. 660: “973. In nearly every case the fact of adultery is inferred from circumstances, which lead to it, by fair inference, as a necesary conclusion.”
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