What is the test for cruelty in the context of domestic violence?
Saskatchewan, Canada
The following excerpt is from Reves v. Reves, 1965 CanLII 402 (SK QB):
Because the test of cruelty is a subjective one and not objective, the question before me is whether the conduct of this defendant to this plaintiff constitutes cruelty in the legal sense. Therefore, as I stated in Herring v. Herring (1963) 1963 CanLII 351 (SK QB), 41 WWR 400, at p. 404: “One must therefore take into consideration the matrimonial relations and the domestic life of the parties, their mental and physical conditions, their social status and character and the temperament of the injured spouse.”
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