Can a spouse establish both a claim for reapportionment and spousal support?
British Columbia, Canada
The following excerpt is from Labbe v. Labbe, 2009 BCSC 835 (CanLII):
The plaintiff submitted that if reapportionment was ordered, then no award should be made for spousal support. I think this argument fails to recognize that a spouse may establish both a claim for reapportionment and a claim for spousal support, on similar and interrelated grounds, provided that there is no double recovery. See Toth v. Toth at para. 59.
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