Does a motion judge commit any reversible error in her application of the Divorce Act?
New Brunswick, Canada
The following excerpt is from LeBlanc v. LeBlanc, 2013 NBCA 22 (CanLII):
Moreover, the motion judge did not commit any reversible error in her application of the law. In regard to the matter of maintaining support payments, the judge based herself, correctly, on Bracklow v. Bracklow and on Leskun v. Leskun, 2006 SCC 25, [2006] 1 S.C.R. 920, as well as on the factors and objectives set out in s. 17(4) and 17(7) of the Divorce Act.
Lastly, in my opinion, the judge did not make any palpable and overriding error of fact when exercising her discretion with regard to costs (see Flieger v. Adams, 2012 NBCA 39, 387 N.B.R. (2d) 322, at paras. 21 to 24). IV. Disposition
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