What is the effect of retroactive spousal support on a plaintiff's claim for unpaid rent?

Saskatchewan, Canada


The following excerpt is from Buchanan v Buchanan, 2013 SKQB 53 (CanLII):

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

Other Questions


What is the effect of a reduction in spousal support under the 1995 Marriage Support Guidelines? (Saskatchewan, Canada)
What grounds are set out in the statement of claim in support of a claim for the allowance of interest? (Saskatchewan, Canada)
How have the courts in England and Wales dealt with a mortgagee's claim for unpaid rent? (Saskatchewan, Canada)
In what circumstances will a plaintiff be permitted to amend his statement of claim to include an amendment to the original claim? (Saskatchewan, Canada)
What is the effect of early retirement from the oil industry on a spousal support order? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
What is the case law on retroactive spousal support? (Saskatchewan, Canada)
Can a spouse's entitlement to spousal support be contractual, compensatory or non-compensationary? (Saskatchewan, Canada)
What is the test to be used in a child support analysis under s. 18 of the Child Support Guidelines? (Saskatchewan, Canada)
Can a father who terminated his wife's spousal support as of February 1, 2001, now argue it should have been terminated when the mother remarried? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.