What is the test for entitlement to share in post-separation income increases?

Ontario, Canada


The following excerpt is from Lazare v. Heitner, 2018 ONSC 3604 (CanLII):

I have reviewed the principles in Justice Chappel’s leading decision of Thompson v. Thompson,[8] particularly, that the right to share in post-separation income increases does not typically arise in cases involving non-compensatory claims, since the primary focus of such claims is on the standard of living enjoyed during the relationship not thereafter; and that having primary responsibility for child care and household duties, without any evidence of having sacrificed personal educational or career plans, will likely not be sufficient to ground an entitlement to benefit from post-separation income increases.

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