If there are no compensatory grounds for support, what are the non-compensationary grounds?
Ontario, Canada
The following excerpt is from Sobiegraj v. Sobiegraj, 2014 ONSC 2030 (CanLII):
Even were there no compensatory grounds for support, support may also be based upon contractual or non-compensatory grounds: see Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at para. 15 and 18. Such non-compensatory grounds may well simply include the means and needs of the parties. As set out in Bracklow, at para. 49, But where need is established that is not met on a compensatory or contractual basis, the fundamental marital obligation may play a vital role. Absent negating factors, it is available, in appropriate circumstances, to provide just support.
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