Allaire v. Allaire

• Jurisdiction: Ontario
• Judge: Abella, MacPherson and Armstrong, JJ.A.
• Citation: (2003), 170 O.A.C. 72 (CA)
• Court: Court of Appeal (Ontario)
• Date: 13 March 2003

Allaire v. Allaire (2003), 170 O.A.C. 72 (CA)

MLB headnote and full text

Temp. Cite: [2003] O.A.C. TBEd. MR.090

Suzanne Allaire (respondent) v. Normand Allaire (appellant)

(C37585)

Indexed As: Allaire v. Allaire

Ontario Court of Appeal

Abella, MacPherson and Armstrong, JJ.A.

March 28, 2003.

Summary:

The parties were married in 1972 and separated in 1996. They had three children. The wife petitioned for divorce and sought spousal and child support. The trial judge awarded spousal and child support. The husband appealed respecting the quantum of spousal support and the quantum of the lump sum retroactive award for spousal and child support.

The Ontario Court of Appeal allowed the appeal in part.

Family Law - Topic 3997

Divorce - Corollary relief - General - Obligation to achieve financial independence - The parties were married in 1972 and separated in 1996 - They had three children - The wife petitioned for divorce and sought spousal support - She earned $61,687 annually - The husband earned over $176,689 annually - The husband argued that any disadvantages flowing from the marriage had to defer to the fact that the wife now earned a reasonable income that made her "self-sufficient" - The Ontario Court of Appeal stated that this argument ignored the reality that self-sufficiency was not a free-standing concept - It had to be seen in the context of the standard of living previously enjoyed by the parties - It was inappropriate to consider the wife's annual income as "sufficient" without considering whether the husband could financially assist her to live a lifestyle closer to what they shared as a couple - See paragraph 21.

Family Law - Topic 4001.1

Divorce - Corollary relief - Maintenance and awards - Retroactive awards - The parties were married in 1972 and separated in 1996 - They took up separate residences in 1997 - They had three children - The wife petitioned for divorce and sought, interim spousal and child support in August 1999 - The husband did not pay any interim spousal support - The trial judge awarded retroactive spousal and child support of $35,000 to compensate the wife for debt she had incurred for her expenses up to the trial - The Ontario Court of Appeal held that there was no basis to interfere with the amount of retroactive support - See paragraphs 24 and 25.

Family Law - Topic 4021.1

Divorce - Corollary relief - Maintenance and awards - Awards - Considerations - Financial consequences of child care and household responsibilities - The parties were married in 1972 and separated in 1996 - They had three children - The wife was the primary source of income during the six years during which her husband obtained a Masters degree - She was unable to pursue a degree during the marriage as the parties built a family - The wife petitioned for divorce and sought spousal support - She earned $61,687 annually - The husband earned over $176,689 annually - The Ontario Court of Appeal affirmed the trial judge's award of indeterminate compensatory spousal support of $2,500/month - The award redressed the economic consequences of the breakdown of the marriage and to compensate the wife for the likely permanent economic results of having to postpone her post-secondary education - It properly adjusted the economic disparity between the two households based on the former joint standard of living - See paragraphs 18 to 22.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance and awards - Awards - To spouse - Extent of obligation - [See Family Law - Topic 4021.1 ].

Cases Noticed:

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211, refd to. [para. 22].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 22].

Counsel:

Tom Bastedo and Diana Solomon, for the respondent;

Stephen Grant and Sarah Maywood, for the appellant.

This appeal was heard on March 13, 2003, before Abella, MacPherson and Armstrong, JJ.A., of the Ontario Court of Appeal, who released the following decision on March 28, 2003.