What is the test for damages under the Child Support and Support Act?
British Columbia, Canada
The following excerpt is from Austin v. Les, 2006 BCSC 2100 (CanLII):
Counsel for the defendants have referred to the case of Sawchuk v. MacKenzie Estate, 2000 BCCA 10, [2000] B.C.J. No. 29 for the proposition that the Act is not intended as a means of awarding punitive damages for the treatment of a child. The primary consideration is provision of an appropriate standard of living if the will does not make adequate provision for the proper maintenance and support of a testator's children. Here, the deceased purported to disinherit the plaintiff because the plaintiff failed to keep in touch with the deceased. If the reasons of the deceased are sustained, then they are sufficient to support the will. The burden lies on the plaintiff to show that these reasons cannot be sustained.
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