Can a court make retroactive orders to a date that predates the commencement of the proceedings?
British Columbia, Canada
The following excerpt is from Campbell v. McRudden, 2001 BCSC 529 (CanLII):
Rowles J.A.’s comments that the court may have the power to make retroactive orders to a date that predates the commencement of the proceedings were also held to have been in obiter in La Liberte v. La Liberte, 2000 BCSC 1285, [2000] B.C.J. No. 1770 (Q.L.) per Sinclair Prowse J. That case involved, inter alia, an application to have the quantum of spousal maintenance set retroactively. Madam Justice Sinclair Prowse reaffirmed T.(E.) as setting down the applicable law, although in that case it was not necessary to do so as the learned judge decided to treat the matter as an enforcement of arrears rather than a retroactive order issue to avoid recalling the parties for argument on any difference in the retroactive period under the Family Relations Act or Divorce Act.
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