What is the standard of review applied by an appellate court in reviewing child support orders?
British Columbia, Canada
The following excerpt is from Greene v. Greene, 2010 BCCA 595 (CanLII):
The standard of review to be applied by an appellate court in reviewing child support orders is set out in the following passage from Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, 172 D.L.R. (4th) 577 at paras. 11 and 12: Our Court has often emphasized the rule that appeal 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 ... ... Though an appeal court must intervene when there is a material error, a serious misapprehension of the evidence, or an error in law, it is not entitled to overturn a support order simply because it would have made a different decision or balanced the factors differently. DISCUSSION OF THE ISSUES (1) Introduction
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