Fediuk v. Lastiwka

Fediuk v. Lastiwka

The appellant was entitled to pursue and proved a cause of action under s.13 of the Domestic Relations Act for adultery; he was not obliged to elect between that and loss of consortium claims, the pleadings sufficiently alleged s.13, the claim was within the six-year limitation period, and compensatory damages of $2,000 were appropriate for the proven adultery and resultant injury.

Citation
[1959] SCR 262
Parties
Appellant (plaintiff): Nick Fediuk; Respondent (defendant): Nick Lastiwka
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 January 1959
Procedural Posture
Family Law Appeal / Supreme Court of Canada on Appeal From Supreme Court of Alberta, Appellate Division
Outcome
Appeal allowed; judgment entered for appellant against respondent.
Legal Topics
Adultery, Loss of Consortium, Enticement, Limitation of Actions, Damages Assessment
Source Language
English
Family Law Tort Adultery Loss of Consortium Enticement Limitation of Actions Damages Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nick Fediuk

Appellant (plaintiff)

Nick Lastiwka

Respondent (defendant)

Procedural Posture

Family Law Appeal / Supreme Court of Canada on Appeal From Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether husband could recover under s.13 Domestic Relations Act for adultery committed with his wife when pleadings also claimed loss of consortium under ss.31-33
  2. 2 Whether plaintiff was obliged to elect between causes of action or could pursue both in one action
  3. 3 Whether the Limitation of Actions Act barred the claim

Ratio Decidendi

The appellant was entitled to pursue and proved a cause of action under s.13 of the Domestic Relations Act for adultery; he was not obliged to elect between that and loss of consortium claims, the pleadings sufficiently alleged s.13, the claim was within the six-year limitation period, and compensatory damages of $2,000 were appropriate for the proven adultery and resultant injury.

Court Disposition

Appeal allowed; judgment entered for appellant against respondent.

Orders

  • Judgment for the appellant in the amount of $2,000 payable by the respondent
  • Costs to the appellant in this Court and in the Courts below