What is the impact of a retroactive award in a personal injury case?
New Brunswick, Canada
The following excerpt is from J.A.R. v T.W.M., 2019 NBQB 73 (CanLII):
What is of immediate concern here is recognition of the length of time since the parties separated and the extents the petitioner wants to go back, all juxtaposed against the present financial circumstances of the parties. As explained in Kerr v. Baranow, ibid, a court must avoid “the risk that a retroactive award will not be fashioned having regard to what the payor can currently afford and may disrupt the payor’s ability to manage his or her finances” (at para. 212).
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