What are the economic consequences of post-trial misconduct for the purposes of fixing or varying spousal support?

British Columbia, Canada


The following excerpt is from Bruce v. Vaughan, 2016 BCSC 2258 (CanLII):

I recount the respondent’s post-trial conduct mindful that conduct is irrelevant for the purposes of fixing or varying spousal support; see Leskun v. Leskun, 2006 SCC 25, at para. 20. In Leskun, however, Binnie J. at para. 21 drew a distinction between the emotional and economic consequences of misconduct – the latter, but not the former, may be considered in determining the right to support, its duration and amount. To disregard the economic consequences that flow from the respondent’s misconduct would do violence to the needs-based object that motivated the spousal support award made by Saunders J.

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