The evidence is not clear regarding the parties’ negotiations over spousal support and when the first request for interim support was made. Nor does the respondent state whether a lump sum payment of retroactive spousal support would cause him hardship. However, it certainly has the potential to create hardship. Due to the incomplete information available in the materials about the factors relevant to retroactive spousal support, such as the applicant’s unmet needs from 2009 to date, the conduct of the respondent during that time, the reasons for the delay in seeking support and any hardship of retroactive award may have on the respondent, I am not able to resolve this issue at this time. (See Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 at paras. 204 - 212) The claim for retroactive spousal support should be deferred to the pre-trial conference, or trial if necessary. OCCUPATIONAL RENT
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