Is a spousal and child support order requiring the Respondent to make a payment of money under s. 128(1) of the CJA?
Ontario, Canada
The following excerpt is from Burke v. Poitras, 2020 ONSC 3162 (CanLII):
As regards unpaid spousal and child support, there is no question that the order requiring their payment involves a payment of money and that this brings these sums within the scope of s. 128(1) of the CJA: Vanasse v. Seguin at paras. 27-32. There is also no reason in respect of these orders to exercise my discretion under s. 130 in favour of the Respondent, except as it relates to the interest rate that is appropriate for these amounts.
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