Rioux v. Rioux,

JurisdictionOntario
JudgeLaskin, Juriansz and Epstein, JJ.A.
Neutral Citation2009 ONCA 569
Citation(2009), 252 O.A.C. 126 (CA),2009 ONCA 569,97 OR (3d) 102,66 RFL (6th) 256,[2009] CarswellOnt 4077,[2009] OJ No 2949 (QL),252 OAC 126,[2009] O.J. No 2949 (QL),252 O.A.C. 126,(2009), 252 OAC 126 (CA),97 O.R. (3d) 102
Date09 April 2009
CourtCourt of Appeal (Ontario)

Rioux v. Rioux (2009), 252 O.A.C. 126 (CA)

MLB headnote and full text

Temp. Cite: [2009] O.A.C. TBEd. JL.066

Jayne Rioux (appellant) v. Jacques Rioux (respondent)

(C47727; 2009 ONCA 569)

Indexed As: Rioux v. Rioux

Ontario Court of Appeal

Laskin, Juriansz and Epstein, JJ.A.

July 14, 2009.

Summary:

A divorced wife sought ongoing spousal support from her former husband and sought to have him pay additional s. 7 expenses under the Child Support Guidelines for their daughter's post-secondary education.

The Ontario Superior Court of Justice (Nadeau, J.), ordered the husband to pay guideline child support and a lump sum of $100,000 to cover all retroactive child support, including s. 7 post-secondary education expenses, retroactive spousal support, etc. The wife appealed, seeking to have the husband share the education expenses proportionate to his income and pay ongoing spousal support.

The Ontario Court of Appeal allowed the appeal in part. The court ordered ongoing spousal support of $1,500 per month for five years, which would thereafter be subject to review by either party. The court refused to disturb the trial judge's ruling respecting the education expenses.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance awards - Awards - Periodic payments - [See Family Law - Topic 4045.4 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - Awards - To spouse - Extent of obligation - [See Family Law - Topic 4045.4 ].

Family Law - Topic 4045.4

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Special or extraordinary expenses (incl. calculation of amount) - A couple separated in 2005 after a 21 year traditional marriage - They had one child, then aged 19, who was about to start university - Following separation, the husband, who was earning $103,984, paid no spousal support and did not contribute to the child's education expenses - The wife who earned $26,208, with family assistance, paid the child's education expenses totalling $16,800 for the 2005-2006 academic year - The wife commenced legal proceedings - The husband failed to comply with court orders for interim support - The trial judge ordered the husband to pay guideline child support and a lump sum of $100,000 to cover all retroactive child support, including s. 7 post-secondary education expenses, retroactive spousal support, etc. - The wife appealed, seeking to have the husband share the education expenses proportionate to his income and pay ongoing spousal support - The Ontario Court of Appeal held that it was unclear as to whether the trial judge's decision provided the wife with ongoing spousal support - The court, therefore, allowed the appeal and ordered ongoing spousal support of $1,500 per month for five years, which would thereafter be subject to review by either party - The court stated that an order of that nature complied with the spousal support objective of recognizing the wife's economic disadvantage caused by the marriage breakdown while also encouraging her to become self-sufficient - The court held that the trial judge's treatment of the s. 7 special expenses was entitled to deference and saw no reason to interfere.

Cases Noticed:

Hickey v. Hickey, [1999] 2 S.C.R. 518; 240 N.R. 312; 138 Man.R.(2d) 40; 202 W.A.C. 40; 172 D.L.R.(4th) 577, refd to. [para. 33].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211; 169 D.L.R.(4th) 577, refd to. [para. 36].

Fisher v. Fisher (2008), 232 O.A.C. 213; 88 O.R.(3d) 241; 2008 ONCA 11, refd to. [para. 43].

Counsel:

Susan T. McGrath, for the appellant;

Jacques Rioux, in person.

This appeal was heard on April 9, 2009, before Laskin, Juriansz and Epstein, JJ.A., of the Ontario Court of Appeal. The following decision was delivered for the court by Epstein, J.A., on July 14, 2009.

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19 practice notes
  • Court Of Appeal Summaries (July 12-16)
    • Canada
    • Mondaq Canada
    • July 21, 2021
    ...v. Latner' 2020 ONCA 554, Opie v. Zegil (1997), 28 R.F.L. (4th) 405 (Ont. C.A.), Ballanger v. Ballanger, 2020 ONCA 626, Rioux v. Rioux, 2009 ONCA 569, Fisher v. Fisher, 2008 ONCA 11, Chutter v. Chutter, 2008 BCCA 507, Fong v. Chan (1990), 181 D.L.R. (4th) 614 Short Civil Decisions Ontario C......
  • Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2015 ONSC 5596 (Div Ct). 131 Shields v Shields, 2008 ABCA 213; Mills v Mills, 2010 NBCA 20; Fisher v Fisher, 2008 ONCA 11; Rioux v Rioux, 2009 ONCA 569. 132 NRIH v MGSH, 2015 ONSC 3277 at para 389, Wildman 133 TBM v CJM, 2009 BCSC 974; see also Dobson v Dobson, [2005] SJ No 722 (CA). 134 Sp......
  • Spousal Support on or after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...2015 ONSC 5596 (Div Ct). 129 Shields v Shields, 2008 ABCA 213; Mills v Mills, 2010 NBCA 20; Fisher v Fisher, 2008 ONCA 11; Rioux v Rioux, 2009 ONCA 569. 130 NRIH v MGSH, 2015 ONSC 3277 at para 389, Wildman 131 TBM v CJM, 2009 BCSC 974; see also Dobson v Dobson, [2005] SJ No 722 (CA). 132 Sp......
  • Spousal Support On or After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Fifth Edition
    • August 29, 2013
    ...OJ No 1340 (DivCt). 105 Shields v Shields , 2008 ABCA 213; Mills v Mills , 2010 NBCA 20; Fisher v Fisher , 2008 ONCA 11; Rioux v Rioux , 2009 ONCA 569. canadian family law 224 childless marriage, fixed-term spousal support may be appropriate to cushion the financial blow of the marriage bre......
  • Request a trial to view additional results
12 cases
  • M.A.B.A. v. F.A., (2016) 326 Man.R.(2d) 193 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • March 18, 2016
    ...88; 2006 ABQB 232, refd to. [para. 90]. Holman v. Holman (2015), 336 O.A.C. 350; 2015 ONCA 552, refd to. [para. 93]. Rioux v. Rioux (2009), 252 O.A.C. 126; 2009 ONCA 569, refd to. [para. Hykle v. Hykle (2007), 219 Man.R.(2d) 198; 2007 MBQB 243 (Fam. Div.), refd to. [para. 97]. Derkach v. De......
  • Arthur v. Arthur, 2018 ONSC 6682
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 14, 2018
    ...“the effect of the marriage in either impairing or improving each party’s economic prospects.” (at para. 43; see also Rioux v. Rioux, 2009 ONCA 569 (C.A.), at para. 36). The condition, means, needs and other circumstances relied upon as part of the spousal support analysis must be relevant ......
  • Diamond v. Berman,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 16, 2020
    ...into account in an effort to equitably alleviate the economic consequences of the breakdown of the relationship, see Rioux v. Rioux, 2009 ONCA 569. [66] Mr. Berman objects to his former spouse having any entitlement to spousal support, on any basis: compensatory, need (non-compensatory) or ......
  • Jackson v. Jackson, 2017 ONSC 1566
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 10, 2017
    ...is therefore “the effect of the marriage in either impairing or improving each party’s economic prospects.” (see also Rioux v. Rioux, 2009 ONCA 569 (C.A.), at para. 36). [283] Section 15.2(6)(d) highlights that the end of marriage brings about new financial realities for the spouses, by spe......
  • Request a trial to view additional results
1 firm's commentaries
  • Court Of Appeal Summaries (July 12-16)
    • Canada
    • Mondaq Canada
    • July 21, 2021
    ...v. Latner' 2020 ONCA 554, Opie v. Zegil (1997), 28 R.F.L. (4th) 405 (Ont. C.A.), Ballanger v. Ballanger, 2020 ONCA 626, Rioux v. Rioux, 2009 ONCA 569, Fisher v. Fisher, 2008 ONCA 11, Chutter v. Chutter, 2008 BCCA 507, Fong v. Chan (1990), 181 D.L.R. (4th) 614 Short Civil Decisions Ontario C......
6 books & journal articles
  • Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2015 ONSC 5596 (Div Ct). 131 Shields v Shields, 2008 ABCA 213; Mills v Mills, 2010 NBCA 20; Fisher v Fisher, 2008 ONCA 11; Rioux v Rioux, 2009 ONCA 569. 132 NRIH v MGSH, 2015 ONSC 3277 at para 389, Wildman 133 TBM v CJM, 2009 BCSC 974; see also Dobson v Dobson, [2005] SJ No 722 (CA). 134 Sp......
  • Spousal Support on or after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...2015 ONSC 5596 (Div Ct). 129 Shields v Shields, 2008 ABCA 213; Mills v Mills, 2010 NBCA 20; Fisher v Fisher, 2008 ONCA 11; Rioux v Rioux, 2009 ONCA 569. 130 NRIH v MGSH, 2015 ONSC 3277 at para 389, Wildman 131 TBM v CJM, 2009 BCSC 974; see also Dobson v Dobson, [2005] SJ No 722 (CA). 132 Sp......
  • Spousal Support On or After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Fifth Edition
    • August 29, 2013
    ...OJ No 1340 (DivCt). 105 Shields v Shields , 2008 ABCA 213; Mills v Mills , 2010 NBCA 20; Fisher v Fisher , 2008 ONCA 11; Rioux v Rioux , 2009 ONCA 569. canadian family law 224 childless marriage, fixed-term spousal support may be appropriate to cushion the financial blow of the marriage bre......
  • Spousal Support On or After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Fourth Edition
    • September 8, 2011
    ...duration. . . . 95 Shields v. Shields , 2008 ABCA 213; Mills v. Mills , 2010 NBCA 20; Fisher v. Fisher , 2008 ONCA 11; Rioux v. Rioux , 2009 ONCA 569. 96 T.B.M. v. C.J.M ., 2009 BCSC 974. See also Dobson v. Dobson , [2005] S.J. No. 722 (C.A.). 97 Spencer v. Spencer , [2002] B.C.J. No. 984 (......
  • Request a trial to view additional results

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