What is the test for determining the division of property and the assessment of support obligations?

Nova Scotia, Canada


The following excerpt is from MacQuarrie v MacQuarrie, 2019 NSCA 37 (CanLII):

A trial judge’s determination of the division of property and the assessment of support obligations must be made in accordance with the correct legal principles. An error of law is committed if the trial judge exercised his discretion on “…wrong considerations or wrong grounds, or [by] ignoring the right considerations…” (Young v. Young, at para. 7). Analysis

Other Questions


Is exclusion of common law couples from the property division and support regimes applicable to married and civil union spouses violated section 15(1) of the Charter? (Nova Scotia, Canada)
Does a police officer have an obligation to assess and determine the validity of multiple versions of events? (Nova Scotia, Canada)
What is the table amount in the child support guidelines for the purposes of determining child support? (Nova Scotia, Canada)
Is there any evidence to support a claim that there is no evidence supporting the existence of an underground mine? (Nova Scotia, Canada)
When a child maintenance obligation is based on imputed income, as a result of the calculation of income imputed on a spouse’s tax return, is this a determination of a fact that requires a more comprehensive analysis on a subsequent variation application? (Nova Scotia, Canada)
What is the test for determining the appropriate amount of child support for a split parenting arrangement? (Nova Scotia, Canada)
What is the test for a claim against a servient owner of a property where the use of the property is not permitted? (Nova Scotia, Canada)
In what circumstances will child support be considered as income for purposes of child support purposes? (Nova Scotia, Canada)
What is the test for unequal division of matrimonial property? (Nova Scotia, Canada)
What is the effect of Stage Two analysis on property division provisions of a marriage agreement? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.