How has the Court interpreted the intention of the recipient of alimony to dispose of the amounts at issue?
Canada (Federal), Canada
The following excerpt is from David v. The Queen, 2000 CanLII 540 (TCC):
Taking that interpretation as his starting point, the appellant referred to the judgment of January 15, 1999, rendered by the undersigned in Raymond Marquette v. Her Majesty the Queen, [1999] T.C.J. No. 35. I held in that case that the recipient of the alimony had herself expressly waived her right to dispose of the amounts at issue; in addition, it was she who had determined the payments' destination and chosen their recipient. It was not at all a matter of interpreting the intention of the recipient of the alimony and the payer thereof since the evidence was clear and unambiguous regarding the parties' wishes, as expressed both in the pre-judgment proceedings and in the judgment itself.
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