Does the Court of Appeal have any authority or authority to overturn a support order made by a trial judge?

British Columbia, Canada


The following excerpt is from Chu v. Eastman, 2016 BCCA 331 (CanLII):

I cannot agree. Trial judges are afforded significant deference in the context of support orders. Unless a material error, a serious misapprehension of the evidence or an error of law can be demonstrated, an appellate court should not intervene. In particular, an appellate court is not entitled to overturn a support order simply because it would have made a different decision or balanced the factors differently. This deferential approach respects the fact-based nature of the determination and the trial judge’s advantaged position in exercising his or her discretion. It also promotes finality and cost control in family law litigation by limiting incentives to appeal: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 at paras.10-12.

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