Can a judge make maintenance payments retroactive to the date of date of the application?
Ontario, Canada
The following excerpt is from S.H. v. D.T., 1976 CanLII 284 (ON CJ):
[41] In the case of Shcherban v. Green, supra, the learned judge appeared to base his decision to make the maintenance payments retroactive to the date of the institution of proceedings on the fact that “there appears to be no limitations set out in the Act as to when payments may be ordered to begin”. I would agree that the proper test is not whether there is any limitation in the Act but whether jurisdiction has been conferred either expressly or by necessary implication.
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