Kevin Hart is in hot water this week for cheating on his pregnant wife, Eniko. A video has surfaced of the comedian in a compromising and intimate position with another woman. The 4 minutes and 47 second film is highly edited, cut with interviews given by Kevin on his strong views regarding fidelity. The video cuts to a bedroom where two people appear to be engaged in relations. The people in the bed are not visible to the camera, however a man resembling Kevin Hart is seen walking in the room. An unknown individual reportedly tried to extort millions from Hart, and the F.B.I. is investigating.
In Ontario, couples who choose to file a divorce on the grounds of adultery or cruelty are filing what is referred to as a “for fault divorce”, meaning one spouse is trying to prove that the other is solely to blame for the breakdown of the marriage. Courts require proof of precisely what has happened in order to substantiate the claim. This can be a long and expensive process, often exceeding the one year of separation required for a no-fault divorce.
The standard of proof in a divorce action is the same as a civil action -a balance of probabilities (Shaw v. Shaw).1 This means that one need only prove that it is more likely than not that the act in question took place. Adultery can be inferred from circumstantial evidence where it points to a logical conclusion (George v. George).2 This means that the tape in which Mr. Hart is depicted would be pretty damning in an Ontario divorce proceeding.
Regardless of how the marriage broke down, or under what grounds you divorce, fault has no impact on the courts decisions regarding custody, access and support of children in Ontario.
Footnotes
1. [1971] N.S.J. No.2, 4 R.F.L. 392 (N.S.S.C.)
2. [1950] O.J. No. 484, [1950] O.R. 787 (Ont. C.A.