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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3566
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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I live in Alberta Canada can I sue my husbands mistress

Customer Question

I live in Alberta Canada can I sue my husbands mistress for emotional distress
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: My husband has been having affairs our entire marriage I just found out the extent of this all different women I would like to sue him and them for all damages they created
JA: OK. The Family Lawyer will need to help you with this. Is there anything else important you think the Family Lawyer should know?
Customer: No
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  ulysses101 replied 1 year ago.

Hello, thank you for your question.

The Supreme Court of Canada decided this issue in the early 1960s. In Canada "alienation of affection", or the stealing away of one's spouse, is not recognized as a source of damages in civil court.

There are a few of the US states which still allow this kind of case, which is why it keeps popping up as an issue.

Infidelity does have it's uses in family court in Canada. It can be grounds for an immediate divorce, and if the affair was a blatant repudiation of the marriage vows the court can reward the wronged party with a greater share of the family property. It can have indirect influence on the issue of spousal support as well depending on the evidence.

I'm sorry if that's not what you wanted to hear. Please don't shoot the messenger. If you have question or comment then please reply. If I've answered you then I'd appreciate a positive service rating please.

Expert:  ulysses101 replied 1 year ago.

I haven't heard back from you, and I'm not sure if you have read what I wrote. Is there anything else about this topic that you wanted to discuss?