What is the test for cruelty in the context of human nature?

Saskatchewan, Canada


The following excerpt is from Markus v. Markus, 1970 CanLII 586 (SK QB):

Selby J., in Ainsworth v. Ainsworth (1967), 10 F.L.R. 396, wisely said [p. 402]: “The vagaries of human nature are immeasurable and the effect of the inter-relationship of one personality with another too unpredictable to be capable of measurement by any yardstick, whether the measure be reasonableness, decency or consideration. The issue of cruelty can only be determined after a review of the whole married life of the parties and the making of an assessment of their characters, of their virtues and vices, their frailties and their strength. The same conduct may amount to abominable cruelty in one set of circumstances; to the enjoyable rough and tumble of a happy married life in another.”

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