British Columbia Justice Nicole Garson refined the adultery rules to be consistent with the Charter of Rights and Freedoms and Canada's new same-sex marriage law. She granted a divorce on grounds of adultery to a woman whose husband stepped out with another man. Previously Canadian courts previously defined adultery as sex with someone of the opposite sex outside of marriage.
According to an article in the Globe and Mail:
The judge's decision is expected to have far-reaching consequences across the country because of the increasing number of same-sex marriages that will inevitably lead to same-sex affairs, said barbara findlay, the woman's lawyer, who spells her name all lower-case letters...Because adultery is not defined through federal legislation, judges hearing similar cases in other provinces will no doubt be persuaded by Judge Garson's decision, she said.The full decision should be available within two weeks.