by Brennan J. Clarkson | Feb 22, 2021 | Spousal Support
Summary On January 15, 2021, the B.C. Court of Appeal issued reasons for judgment in the case French v. French, 2021 BCCA 30. In French, the issue was the amount of income to be used to calculate spousal support for Ms. Cindrich (formerly Mrs. French). She...
by Brennan J. Clarkson | Apr 18, 2019 | Spousal Support
Overview Section 14.2 of the Divorce Act and Division 4 of Part 7 of British Columbia’s Family Law Act allow a court to order spousal support. Spousal support in Canada is very discretionary. The legislation describes four objectives of spousal support. The...
by Brennan J. Clarkson | Jan 19, 2017 | Pension, Spousal Support
On January 19, 2017, the Supreme Court of Canada dismissed the Claimant Mr. Parrett’s application for leave to appeal the BC Court of Appeal decision, reported at 2016 BCCA 151. Mr. Parrett is a retired Supreme Court judge who applied for a reduction in spousal...
by Brennan J. Clarkson | Jul 26, 2016 | Spousal Support
The Court of Appeal released a decision today upholding the summary trial judge’s findings that a separation agreement only provided for a decrease of spousal support if the recipient’s income increased. The case is a clear illustration of the difference between...
by Brennan J. Clarkson | Jul 12, 2016 | Child Support, Spousal Support
In relation to orders for spousal support based on compensatory factors, re-partnering will generally (but not always) be irrelevant. In Rozen, the parties were divorced after 20 years of marriage. The parties had entered into a settlement in 1997, at which time they...
