What is the legal test for a party who has failed to pay support pending appeal?
Ontario, Canada
The following excerpt is from Abu-Saud v. Abu-Saud, 2020 ONCA 314 (CanLII):
I begin with the appellant’s failure to pay the support ordered in the judgment. Compliance with an order for support is not optional. Support payments are not stayed pending appeal. If the appellant seeks relief from this requirement, the procedure is to bring a motion to stay the support. The procedure is not to decide for yourself how much to pay. This court has repeatedly admonished payors who do not pay the support pending appeal. In Murphy v. Murphy, 2015 ONCA 69, 56 R.F.L. (7th) 257, the court refused to entertain submissions from a party who had not paid support pending appeal. To do otherwise “would be to reward his deliberate and willful misconduct”: at para. 6.
"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
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Does a first party insurer suffer a loss from the moment the second party insurer fails to satisfy its legal obligation to transfer a loss transfer claim? (Ontario, Canada)
If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient? (Ontario, Canada)
What is the test for a motion to evict a party who is unable to pay the moving party's legal costs? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice? (Ontario, Canada)
What are the legal requirements for a stay pending appeal? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
What is the test for a security order on a property owned by a party who has failed to honour a support obligation? (Ontario, Canada)
What is the test for appeal judges to grant leave to allow a party to argue an entirely new issue on appeal? (Ontario, Canada)
