What is the test of cruelty in a married relationship?

British Columbia, Canada


The following excerpt is from Lake v. Lake, 1982 CanLII 333 (BC SC):

For the purposes of this case, I think I have sufficiently summarized the evidence that was adduced at trial with respect to the whole married relationship bearing on the issue of cruelty. Applying the principles of law set out in Zunti v. Zunti, supra, I have no hesitation in concluding that the petitioner has not made out a case on a balance of probabilities that the respondent treated him with such physical or mental cruelty as to make continued cohabitation intolerable. The particulars of cruelty alleged by the petitioner in his petition are not borne out by the evidence and, even if they were, they constitute, in my humble opinion, mere manifestations of incompatibilities between the parties. These incompatibilities, in my humble opinion, arose mainly from the difference of opinion that existed between them on the subject of religion and the financial operation of the household. It is accepted that the test of cruelty is largely a subjective one and the question is whether the conduct by this woman to this man is cruelty. However, this does not mean it is for the petitioner to set the standards of cruelty alone. It is still for the court to say whether or not that conduct by that woman was cruelty, in a sense recognized by the law, to that man.

Other Questions


What is the test for spousal support for a lawyer who is married to a married woman with no education or professional experience at the end of their marriage? (British Columbia, Canada)
How has the court considered the total length of the relationship between husband and wife's contributions to the purchase and use of property during their four year relationship? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
When a common-law spousal relationship ends in a common law relationship? (British Columbia, Canada)
How have the courts in BC dealt with the separation of a married couple who were married in Beijing, China and subsequently immigrated to Canada? (British Columbia, Canada)
What is the relationship of a husband and wife and what is the impact of the relationship on the marriage? (British Columbia, Canada)
What is the impact of a long-term relationship between a parent and their children on the relationship? (British Columbia, Canada)
What is the effect of a single and dating relationship on a marriage-like relationship? (British Columbia, Canada)
Is a common-law relationship that extended over a long-term common law relationship valid? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.