What is the test for finding blameworthy conduct on a payor prior to formal notice?
Alberta, Canada
The following excerpt is from LRP v BJP, 2012 ABQB 552 (CanLII):
Archibald v. Archibald, 2007 ABQB 486, indicates that generally, going back more than 3 years before formal notice requires the court to find blameworthy conduct on the payor's part. I do not think that the payor is required to search out s. 7 obligations. It is normally up to the recipient to incur them and then provide receipts along with a request for payment.
"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
How much notice can an employer give to an employee when the employer has made a decision not to conduct an internal investigation into the employee’s conduct? (Alberta, Canada)
Is there any case law that supports the argument that formality is more important than formality? (Alberta, Canada)
What is the test for retroactive support in a case where the Respondent alleges that a payor misled the payor, in the sense of active misleading, and diligence by the payee in pursuing payment? (Alberta, Canada)
Can a Transfer Notice be invalid if the Notice is not served to the New Shareholders? (Alberta, Canada)
What is the appropriate notice period for an age title years service notice? (Alberta, Canada)
Does a payor have to pay child support where the payor is an entrepreneur trying to pay off a judgment? (Alberta, Canada)
What is the test for finding discrimination on the basis of allegations that conduct is racially motivated? (Alberta, Canada)
When a payor earns an extraordinary amount, even if that amount is a capital gain, is that payor expected to share his bounty with his children? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
Is there any case law where a plaintiff is not entitled to any expenses incurred by an employee who has failed to find a new job within the notice period? (Alberta, Canada)
