What is the test for the use of the needs factor in s.15.2(4) of the common law common law definition of a subsistence lifestyle?
Alberta, Canada
The following excerpt is from Johnston v. Johnston, 2005 ABQB 320 (CanLII):
According to Smith J. at para. 39, the needs factor in s. 15.2(4) has been defined at common law to be “a lifestyle which is reasonable and expected having regard to the parties’ station in life” (Riad v. Riad (2002), 317 A. R. 201, 2002 ABCA 254 at para. 33). Need is relative to the standard of living enjoyed by the couple prior to their separation. It does not necessarily equate to a subsistence lifestyle.
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