Does the Court of Appeal have any authority to interfere with a trial judge’s award of spousal support?
Ontario, Canada
The following excerpt is from Berta v. Berta, 2015 ONCA 918 (CanLII):
A trial judge’s award of spousal support will not be interfered with lightly by a reviewing court. Deference to such awards promotes finality in family law litigation and recognizes the importance of the appreciation of the facts by the trial judge. However, appellate intervention is appropriate where there is an error in principle, a significant misapprehension of the evidence, or the award is clearly wrong: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, at para. 11. For the reasons that follow, I agree that the trial judge’s determination of the Wife’s annual income for support purposes is unsustainable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court of Appeal have any authority to interfere with a trial judge's spousal support order? (Ontario, Canada)
How much deference does an appeal court have to a trial judge on a matter of spousal support? (Ontario, Canada)
Does the Court of Appeal have any authority to interfere with the exercise of a trial judge in custody matters? (Ontario, Canada)
Does the Court of Appeal have any authority to interfere with a trial judge’s findings of facts? (Ontario, Canada)
What are the grounds on which this court could find that the trial judge erred in exercising their discretion in awarding a costs award? (Ontario, Canada)
When will a motion judge's decision relating to spousal support be reviewed by the Court of Appeal? (Ontario, Canada)
Can a father's claim that the Court of Appeal and Appeal judges erred in their appreciation of the governing test for variation of child support obligations on the basis of material change in circumstances be accepted? (Ontario, Canada)
In an appeal of a support order, can a judge interfere with the award? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
