What is the standard of review of a support order at the Court of Appeal?

British Columbia, Canada


The following excerpt is from Skrivanek v. Pow, 2006 BCCA 239 (CanLII):

In my view, what L’Heureux-Dubé J. said in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, 172 D.L.R. (4th) 577, at para. 12, is particularly germane: 12 There are strong reasons for the significant deference that must be given to trial judges in relation to support orders. This standard of appellate review recognizes that the discretion involved in making a support order is best exercised by the judge who has heard the parties directly. It avoids giving parties an incentive to appeal judgments and incur added expenses in the hope that the appeal court will have a different appreciation of the relevant factors and evidence. This approach promotes finality in family law litigation and recognizes the importance of the appreciation of the facts by the trial judge. 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.

Other Questions


Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the standard of review applied by an appellate court in reviewing child support orders? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
When a spousal support order is varied as a result of a change in circumstances and a review of the support order? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
Is a final spousal support order under section 15.2(3) of the Attorney General's Guidelines for Divorce Review Order enforceable? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.