Smith v. Smith

Smith v. Smith

The Supreme Court held that divorce proceedings under the Divorce and Matrimonial Causes Act are civil and not criminal; where no legitimacy issue arises adultery must be proved to the civil standard of reasonable satisfaction (preponderance), not beyond reasonable doubt; accordingly the appeal was allowed and a new trial ordered.

Citation
[1952] 2 SCR 312
Parties
Petitioner/appellant: Arvid Smith; Respondent: Ellen Sofia Smith; Co Respondent: John Smedman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 May 1952
Procedural Posture
Divorce (petition for Dissolution) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal allowed; judgments of the Court of Appeal and trial judge set aside in part; new trial directed.
Legal Topics
Standard of Proof, Adultery, Divorce Proceedings, Civil Vs Criminal Nature of Proceedings, Legitimacy
Source Language
English
Family Law Evidence Statutory Interpretation Standard of Proof Adultery Divorce Proceedings Civil Vs Criminal Nature of Proceedings Legitimacy

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 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Arvid Smith

Petitioner/appellant

Ellen Sofia Smith

Respondent

John Smedman

Co Respondent

Procedural Posture

Divorce (petition for Dissolution) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether adultery in divorce proceedings must be proved beyond reasonable doubt or by the civil standard of reasonable satisfaction/preponderance
  2. 2 Whether proceedings under the Divorce and Matrimonial Causes Act are civil or criminal in nature
  3. 3 Whether Stuart v. Stuart and Churchman v. Churchman require application of criminal standard for adultery

Ratio Decidendi

The Supreme Court held that divorce proceedings under the Divorce and Matrimonial Causes Act are civil and not criminal; where no legitimacy issue arises adultery must be proved to the civil standard of reasonable satisfaction (preponderance), not beyond reasonable doubt; accordingly the appeal was allowed and a new trial ordered.

Court Disposition

Appeal allowed; judgments of the Court of Appeal and trial judge set aside in part; new trial directed.

Orders

  • Set aside judgments of the Court of Appeal and Wilson J. except as to costs
  • New trial ordered