What is the test for appealing against a judge's decision not to order a re-apportionment under s. 65 of the Family Relations Act?
British Columbia, Canada
The following excerpt is from Schultz v. Schultz, 2012 BCCA 458 (CanLII):
Reapportionment under s. 65 of the Family Relations Act is a discretionary matter. The trial judge’s decision is entitled to considerable deference. This court can only justifiably intervene if there has been a “demonstrated material error, a serious misapprehension of the evidence, or an error of law”: Karisik v. Chow, 2010 BCCA 548, at para 51.
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