Does the husband have to rely on the threshold test for spousal support awarded by a motions judge?

Manitoba, Canada


The following excerpt is from Petrowski v. Waskul, 2003 MBCA 65 (CanLII):

3 In response the husband argues that, even if the motions judge did not explicitly rule on the threshold test, it is implicit in his ruling and in any event the factual circumstances meet the test. He relies on the principle that appellate courts are to defer to the discretion accorded to trial judges and motion judges who make spousal support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong. See Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518.

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