What is the test for an award for "economic disadvantage" in the context of a maintenance order?
British Columbia, Canada
The following excerpt is from Dyal v. Dyal, 2000 BCCA 527 (CanLII):
In my view the trial judge fell into error when he dealt with such an award on that basis. The case law is very clear; a compensatory maintenance order is made to compensate for “economic disadvantage” – some economic loss the party may suffer, such as spouses giving up careers to look after homes, children, assist a spouse in establishing a business, etc. Economic disadvantage is the loss of a monetary amount. See Bollum v. Bollum, [1993] B.C.J. No. 1356 (Q.L.) (B.C.S.C.).
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