What is the test for making an award for long-term disability for a child that was not met by the recipient parent?
British Columbia, Canada
The following excerpt is from J.D.S. v A.F.K., 2018 BCSC 1102 (CanLII):
At the same time, the court must guard against making an award that due to the passage of time and the child’s needs having been met, albeit to a lesser standard than they should have, amounts to a capital redistribution to the recipient parent: Macdonald v. Macdonald, 2005 BCCA 23 at para. 33.
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