What is the test for deferential approach by an appellate court in reviewing a family law support order?

Manitoba, Canada


The following excerpt is from Kolisnyk v. Loscerbo, 2010 MBCA 1 (CanLII):

20 In Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, L’Heureux-Dubé J. wrote regarding the deferential approach for an appellate court in reviewing support orders (at paras. 10-11): When family law legislation gives judges the power to decide on support obligations based on certain objectives, values, factors, and criteria, determining whether support will be awarded or varied, and if so, the amount of the order, involves the exercise of considerable discretion by trial judges. …. Because of its fact-based and discretionary nature, trial judges must be given considerable deference by appellate courts when such decisions are reviewed. … [A]ppeal 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. ….

Other Questions


Does an appellate court need to be slow to interfere with a discretionary order dealing with payment of child support? (Manitoba, Canada)
What is the standard of deference the court owes to a motion judge in reviewing an order of support? (Manitoba, Canada)
What are the grounds for appellate interference in a support order? (Manitoba, Canada)
What is the current state of the law on a motion to review a previous support order? (Manitoba, Canada)
What is the test for appellate courts dealing with a matter of periodic or lump sum support? (Manitoba, Canada)
Does the awarding of costs of a motion be a matter for the court or the appellate court? (Manitoba, Canada)
Can a court make a spousal support order retroactive to the date of the parties’ separation? (Manitoba, Canada)
When will the court order child support for the children of a separated parent from the date of the separation date? (Manitoba, Canada)
What is the standard of review for appeals from support orders? (Manitoba, Canada)
What is the test for appellate interference in a motion judge's order setting out child support payments? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.