Does the Court of Appeal have any authority to interfere with a trial judge's spousal support order?
Ontario, Canada
The following excerpt is from Heard v. Heard, 2014 ONCA 196 (CanLII):
A trial judge’s decisions as to whether to award spousal support, and as to the quantum of spousal support, are discretionary decisions. An appellate court should not interfere with these determinations absent an error in principle, a significant misapprehension of the evidence, or unless the order is clearly wrong: see Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, at para. 11.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court of Appeal have any authority to interfere with a trial judge’s award of spousal support? (Ontario, Canada)
How much deference does an appeal court have to a trial judge on a matter of spousal support? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Does the Court of Appeal have any authority to interfere with the exercise of a trial judge in custody matters? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
What are the implications of the Court of Appeal's decision not to order an indefinite reduction in the amount of spousal support ordered? (Ontario, Canada)
Does the Court of Appeal have any authority to interfere with a trial judge’s findings of facts? (Ontario, Canada)
On an appeal of a decision ordering spousal support, can the appellate court overturn the order? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
In an appeal of a support order, can a judge interfere with the award? (Ontario, Canada)
