How has the court considered pre-separation spending on school expenses?

Manitoba, Canada


The following excerpt is from Delichte v Rogers, 2013 MBCA 106 (CanLII):

In fact, the pre-separation pattern of spending may assist the court on the issue of reasonableness and necessity even where the expense seems relatively excessive. For example, in Winseck v. Winseck (2008), 235 O.A.C. 38 at paras. 30-31 (S.C.J.), the trial judge determined that private school expenses which seemed excessive in relation to the incomes of the parties were reasonable in the circumstances, as the respondent had insisted and the applicant had acquiesced in these expenses since before the separation. On appeal, the court determined that the fact that the expenses were a continuation of expenses the parents had funded for many years and the fact that the parents’ income had not changed all that much was sufficient to support the trial judge’s conclusion.

Other Questions


When a payor's pension is equalized with respect to property equalization, does the court need to consider the equalization also consider the value of the payor’s pension? (Manitoba, Canada)
What factors will the court consider in determining whether an award of damages is warranted? (Manitoba, Canada)
Can a court order a security program be considered a governmental action? (Manitoba, Canada)
How should a court consider the promotion of diversity and multiculturalism when determining the reasonableness of an administrative action? (Manitoba, Canada)
When will the court order an estimated or estimated amount of expenses to be paid by the requesting spouse? (Manitoba, Canada)
How have the courts considered the admissibility of photographs? (Manitoba, Canada)
Does the Human Rights Appeal Court have concurrent jurisdiction with the Court of Appeal in a collective agreement dispute? (Manitoba, Canada)
What is the test for a court to consider in determining whether or not a child has been removed from the custody of the access parent? (Manitoba, Canada)
How have courts considered whether the discharge of a missile by the enemy was a cause of injury? (Manitoba, Canada)
What factors must a judge consider in determining whether a defendant has complied with an interlocutory order of the court? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.