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


Is a common-law relationship that has lasted for a few years invalid? (New Brunswick, Canada)
What factors are considered by the Court in determining notice of a claim? (New Brunswick, Canada)
When will a court consider suspicious circumstances in a Will? (New Brunswick, Canada)
What is the test for an investigation into allegations of sexual assault? (New Brunswick, Canada)
What is the standard of correctness of a motion judge’s decision not to interfere with a discretionary order? (New Brunswick, Canada)
What is the test for admitting liability in a motor vehicle accident? (New Brunswick, Canada)
What constitutes inducement and interference? (New Brunswick, Canada)
When a sheriff's deed can be issued pursuant to a memorial of judgment, what is the effect of s. 15 of the Memorials and Executions Act? (New Brunswick, Canada)
What is the objective component of an ITO and what is the subjective component? (New Brunswick, Canada)
Can a servient tenement owner unilaterally reduce the territorial scope of their right of way? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.