What is the test for “crafting a fair and sensible solution”?

New Brunswick, Canada


The following excerpt is from C.A.E. v. M.D., 2011 NBCA 17 (CanLII):

The case before us is easily distinguished from Koval v. Brinton. First, I cannot say the judge had sufficient evidence before him to “craft a fair and sensible solution”. The sole evidence the judge had before him regarding undue hardship and retroactivity of support was an affidavit that contained the mother’s responses to specific questions asked by the judge. She was not afforded an opportunity to reply on the issues in play in a meaningful way. Second, Koval v. Brinton can further be distinguished on the basis that the order did not operate retroactively (see para. 67). Finally, the underlying proceedings have severe ramifications. Let me explain.

Other Questions


What is the test for determining post-retirement spousal support? (New Brunswick, Canada)
In what circumstances will a husband and wife be able to divide the assets of their jointly owned property in equal division? (New Brunswick, Canada)
Is a mother entitled to spousal support on a fixed term basis? (New Brunswick, Canada)
What is the test for credibility and reasonable doubt in a sexual assault case? (New Brunswick, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff be held 50% to blame for the collision? (New Brunswick, Canada)
What are the grounds for depriving N.B.A. of interest on a judgment? (New Brunswick, Canada)
When will a defence counsel ask the complainant a few general questions about their sex practices that involve the complainant's personal security or privacy? (New Brunswick, Canada)
What is the test for admissible sexual activity? (New Brunswick, Canada)
What is the basis for opposition by the husband to the requested bifurcation of this proceeding? (New Brunswick, Canada)
Can a motion to strike out a pleading be struck out on the grounds that it does not disclose a reasonable cause of action or defence? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.