What is the test for appeal against a maintenance order?
British Columbia, Canada
The following excerpt is from Keighley v. Keighley, 1998 CanLII 4841 (BC CA):
In order to succeed on this appeal, the appellant mother must show that there was a material error in the making of the impugned order. The review test for maintenance orders was put this way by Mr. Justice Sopinka, for the majority, in Willick v. Willick 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 at 692: ... an appellate court should not intervene absent a material error in principle, a significant misapprehension of the evidence or an award which is clearly wrong.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Can an appeal be dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the effect of having to have a division of the Court of Appeal hear an appeal of a restoration order? (British Columbia, Canada)
What is the legal test for appeal against an Order requiring the Court to consider the merits of an appeal? (British Columbia, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
What is the current state of the law on leave to appeal from an order for special costs made separately from the substantive order? (British Columbia, Canada)
What is the second of the four grounds used by the Court of Appeal to order an order to be quashed? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
