What are the indicia used by the courts in determining whether an adult child is unable to withdraw from the charge of the parents to pursue a reasonable course of post-secondary education?

Saskatchewan, Canada


The following excerpt is from Gorniak v Schaeffer, 2014 SKQB 163 (CanLII):

These several cases, beginning with Bradley v. Zaba, serve in effect to establish a number of indicia to be considered by the courts in determining whether an adult child is unable without the direct or indirect financial assistance of the parents to pursue a reasonable course of post-secondary education to the end of bettering the future prospects of the child. As the subject suggests, the indicia concern the reasonableness of the decision to pursue an advanced education, the reasonableness or otherwise of the child’s expectations relative to the reasonable parent, the needs and means of the child, and the situation of the parents. The indicia are these: (i) The age, existing qualifications, and experience of the child, bearing in mind that what is of concern here is a reasonable plan of post-secondary education to better secure the future prospects of the child. As these matters vary, the child’s ability or inability to withdraw from the charge of the parents is likely to vary. (ii) The aptitude and ability of the child, along with the child’s level of maturity and commitment, including his or her sense of responsibility and prudence. (iii) The nature and quality of the child’s post-secondary education and career plan, including the duration of the period of study, the prospects of success, the potential benefit, and the associated cost. (iv) The extent of the child’s ability and willingness to meet the associated cost, whether through educational savings plans, savings in general, other available funds, employment, student loans, scholarships and bursaries and grants, or otherwise. (v) The willingness of the child to remain unreasonably accountable to the parents in relation to his or her plans. A child who is unwilling to do so, or who unilaterally and without justification terminates the parental relationship, may be expected to encounter difficulty in nevertheless suggesting that he or she is unable to withdraw from the charge of the parents by reason of pursuing a reasonable course of post-secondary education. (vi) The plans or expectations that the parents may have had in mind in relation to the post-secondary education of their child, or each of their children, earing in mind that reasonable parents are ordinarily concerned to treat each of the children comparatively equally. (vii) The means and needs and other circumstances of the parents, including the family responsibilities customarily born by reasonable parents. (viii) Such other circumstances as may be relevant to the matter. [Emphasis Added]

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