Is there an insufficient basis to order a lump sum award?

British Columbia, Canada


The following excerpt is from Wallace v Pichichero, 2021 BCSC 1642 (CanLII):

I find that there is an insufficient basis to order a lump sum award. While the parties’ relationship has collapsed, that is commonplace in these types of cases, and is not a sufficient basis to make such an award. As this court recently summarized in Small v. Small, 2020 BCSC 707:

Lump sum support awards are exceptional, and should only be made where there is a special need or specific circumstances that renders it appropriate. The circumstances that may warrant a lump sum award are summarized by our Court of Appeal in Santelli at paras. 163-166 and Parton v. Parton, 2018 BCCA 273 at paras. 47-48. They include: i. the existence of animosity between the parties, which might favour a lump sum award to reduce future sources of conflict; ii. other reasons that it might be desirable to terminate contact between the parties, including a history of domestic violence; iii. providing capital to meet immediate need on the part of the dependent spouse; iv. a history of non-compliance with court orders that suggests the payor spouse is unlikely to comply with support orders in the future; v. the difficulty of enforcing a periodic support order where the payor spouse lives outside of Canada; and vi. a lack of proper financial disclosure from the payor spouse.

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