What is the test for retroactive retroactive damages made on an interim motion?
Manitoba, Canada
The following excerpt is from Dennis v. Pidruchny, 2010 MBQB 105 (CanLII):
In Dram v. Foster, Monnin J.A. stated: 8. The reasons of the motion judge are silent as to why there was a need to make an interim order retroactive, and why such an order should be made as a lump sum award. There was no evidence of need or hardship to justify the order made. Monnin J.A. concluded that an interim motion was not the proper forum in which to make the retroactive award.
The petitioner responds that Dram v. Foster did not state that a parent should never be ordered to pay a lump sum amount for child support on an interim basis, and in fact Monnin J.A. stated that such an order should be made where extraordinary or exceptional circumstances justify it.
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