What is the test for determining whether a child has benefited or benefited from a parental support agreement?
Ontario, Canada
The following excerpt is from Deiter v. Sampson, 2002 CanLII 53250 (ON SC):
Applying the ratio of Wright v. Zaver (supra), I find it unnecessary and wrong in law to conduct such an exercise. Sharpe, J. said the assessment of 'special provisions' must be objective. The more appropriate approach, then, is to examine if these children have benefited, directly or indirectly, by the terms of the separation agreement to the extent their right to be supported by both parents should be extinguished.
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