What is the scope of appeal review of child support awards?

Prince Edward Island, Canada


The following excerpt is from Lavallée v Trevors, 2019 PECA 10 (CanLII):

Appellate review of child support awards employs a narrow scope of review. Because of its fact-based and discretionary nature, a trial judge must be given considerable deference by an appellate court when such a decision is reviewed. If there is an indication that the trial judge did not consider relevant factors or evidence, this might indicate that he did not properly weigh all the factors. In such a case, an appeal court may review the evidence to determine if the judge misdirected himself with respect to the evidence. An omission will not necessarily allow an appellate court to intervene. It is only where a material error gives rise to the reasoned belief that the trial judge must have forgotten, ignored, or misconceived the evidence in a way that affected his conclusion that a court of appeal can interfere. Without this reasoned belief, an appeal court cannot reconsider the evidence (Weeks v. O'Connor, 2009 PECA 13, at para.39). Disposition

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