Does the Court of Appeal have any authority to intervene in an application for support or maintenance?
Nova Scotia, Canada
The following excerpt is from Westhaver v. Westhaver, 1999 NSCA 149 (CanLII):
Our role on appeal is not to retry the case or to substitute our opinion for that of the trial judge. The determination of an application for support or maintenance is fact-based and discretionary in nature so that trial judges “... must be given considerable deference by appellate courts when such decisions are reviewed.” (Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] S.C.J. No. 9 (Q.L.); (1999), 172 D.L.R. (4th) 577 at 583 [D.L.R.] The Court of Appeal should only intervene if “... there is a material error, a serious misapprehension of the evidence, or an error in law.” (Hickey v. Hickey, supra at p. 584 [D.L.R.].
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