What is the impact of the timing of the onset of a disability in determining a spouse's income support claim?

Ontario, Canada


The following excerpt is from B.D.P. v. D.W.P., 2019 ONSC 949 (CanLII):

I share the views of Gorman J. in Peters v. Peters[16] at para. 54 where she states: The timing of the onset of the disability is of importance for I believe that if a disability arises out of a pre-existing condition that existed during the marriage or at the time of breakdown of the marriage, there would exist a connection between the disability and the marriage or its breakdown. The provision for which the non- compensatory basis for support relies reads as follows: (c) relieve any economic hardship of the spouses arising from the breakdown of the marriage There must be some connection between the economic hardship and the breakdown of the marriage.

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