Is the Spousal Support Advisory Guidelines binding or binding?

Ontario, Canada


The following excerpt is from Spadacini-Kelava v. Kelava, 2020 ONSC 7907 (CanLII):

I have two responses to David’s argument. First, while the SSAG are the starting point in every consideration of spousal support and often the end point as well, it does not have the status of law. That is why the “A” in SSAG stands for “Advisory”. As Lang J.A. wrote for Court of Appeal for Ontario in Fisher v. Fisher, 2008 ONCA 11, 47 R.F.L. (6th) 235, at para. 95, the SSAG “are neither legislated nor binding; they are only advisory. The parties, their lawyers and the courts are not required to employ them.”

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