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.

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