What is the scope of the court's consideration in determining whether a sponsor can be awarded a sponsorship agreement?

Ontario, Canada


The following excerpt is from Khan v. Khan, 2005 ONCJ 155 (CanLII):

[64] There is no question that a sponsorship undertaking is something to which regard should be given and that requires the court’s consideration. See Achari v. Samy, 2000 BCSC 1211, 80 B.C.L.R. (3d) 378, 9 R.F.L. (5th) 247, [2000] B.C.J. No. 1651, 2000 Cars­well­BC 1676 (B.C.S.C.).

[65] At paragraph [11] of Achari v. Samy, the respondent submitted, unsuccessfully, that the undertaking should have little or no effect on spousal obligations since the matter is between the husband and the immigration department and that it therefore ought not to have any bearing on entitlement to support.

[66] The Government of Canada, in requiring such stringent undertakings from sponsors, has taken into consideration the inherent difficulties that some persons experience in making the necessary adjustments in coming to a new country and becoming self-sufficient. The sponsorship agreement cannot be ignored since to do so would render it meaningless. It would be contrary to public policy to permit a person who has given an undertaking to provide support for a spouse to simply ignore the legal obligation to do so. See Achari v. Samy, supra, at paragraph [13].

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