Does a trial judge erred in principle in exercising spousal support under ss. 15(5) and 15(7) of the Divorce Act?

British Columbia, Canada


The following excerpt is from Coupar v. Coupar, 1998 CanLII 5336 (BC CA):

With regard to spousal support, the question for this court is whether the trial judge erred in principle in exercising his discretion under ss. 15(5) and 15(7) [now s. 15.2] of the Divorce Act or whether his award was otherwise clearly wrong: Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R. 801.

Other Questions


What is the standard of review applied to exercise of the exercise of a trial judge's with respect to both child and spousal support? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
What is the test for a judge to order spousal support under s. 17 of the Divorce Act? (British Columbia, Canada)
Does a pre-existing agreement between the parties with respect to spousal support bar an application for support under the Divorce Act? (British Columbia, Canada)
In what circumstances will a trial judge order a spousal order under s. 15.2(4) of the Divorce Act? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
In a long-term marriage, can a husband appeal a decision of the trial judge dismissing his spousal support claim on the basis that he has not established any need? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.