How much deference does an appeal court have to a trial judge on a matter of spousal support?
Ontario, Canada
The following excerpt is from Morassut v. Jaczynski, 2015 ONSC 502 (CanLII):
The deference owed to a trial judge is high, similar to the deference accorded a trial court deciding issues of child and spousal support: Though an appeal court must intervene when there is a material error, a serious misapprehension of the evidence, or an error in law, it is not entitled to overturn a support order simply because it would have made a different decision or balanced the factors differently: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, at para. 12.
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