What is the test for a non-compensation model in a family law case?
British Columbia, Canada
The following excerpt is from McEwan v. Fisher, 2009 BCSC 559 (CanLII):
I am satisfied that Madam Justice MacKenzie based her order for the defendant to pay support to the plaintiff with a review in two years on the non-compensation model. In Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at para. 40, 169 D.L.R. (4th) 577 the court states: The “ability and capacity of, and the reasonable efforts made by, either or both spouses to support themselves” (Family Relations Act, s. 89(1)(d)), suggests a concern with need that transcends compensation or contract. Even if a spouse has foregone no career opportunities or has not otherwise been handicapped by the marriage, the court is required to consider that spouse’s actual ability to fend for himself or herself and the effort that has been made to do so, including efforts after the marriage breakdown.
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