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- Chapter 8 - Spousal Support on or after Divorce
V. Appeals
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 368-369 |
Page 368
The role of appellate courts in reviewing spousal support orders is clearly defined by L’Heureux-Dubé J in Hickey v Hickey.673Because the application of the relevant factors and objectives governing spousal support orders under sections 15.2(4) and (6) (original orders) and sections 17(4.1) and (7) of the Divorce Act (variation orders) necessarily involves the exercise of a broad judicial discretion, appellate courts afford considerable deference to the decisions of trial judges. In the words of L’Heureux-Dubé J, appellate courts "should not overturn support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong."674The fact that the appellate court finds the amount of spousal support to be relatively low is insufficient, in itself, to warrant appellate intervention. It is only when the decision of the application judge falls outside the general ambit within which reasonable disagreement is possible
Page 369
and the order is, in fact, plainly wrong, that an appellate court is entitled to interfere.675
[673] [1999] 2 SCR 518 at paras 11-12.
[674] See, for example, FCW v BEW, [2005] AJ No 143 (CA); RMS v FPCS, 2011 BCCA 53; Scott v Scott, 2011 NBCA 7; Rondeau v Rondeau, 2011 NSCA 5; Heard v Heard, 2014 ONCA 196; MacQuarrie v MacQuarrie, 2012 PECA 3; Riley v Riley, 2011 SKCA 5.
[675] Silver v Silver (1985), 54 OR (2d) 591 (CA); Juvatopolos v Juvatopolos, [2005] OJ No 4181 (CA).
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- Chapter 8 - Spousal support on or after divorce
- A. Definition of “Spouse” and “Spousal Support”
- B. Formal Legal Equality between Spouses
- C. Types of Orders
- D. Terms, Conditions, and Restrictions
- E. Relevant Factors
- F. Spousal Conduct
- G. Four Objectives of Spousal Support
- H. Broad Judicial Discretion
- I. Overarching Principle of Equitable Sharing
- J. Needs and Capacity to Pay Not Excluded by Compensatory Model
- K. Implications of Child Care during Marriage and after Divorce
- L. Alleviation of Feminization of Poverty
- M. No Pat Formula
- N. Effect of Separation Agreement or Consent Order on Subsequent Application for Spousal Support
- O. Effect of Sponsorship Agreement
- P. Double Recovery or Double Dipping
- Q. Income Tax and Retroactive Orders
- R. Variation and Termination of Support Orders
- S. Cost-of-Living Indexation
- T. Retroactive Spousal Support Orders
- U. Spousal Support Advisory Guidelines
- V. Appeals
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