In what circumstances will a court order that a RESP account contributed by family members be used to fund a child's education?
Prince Edward Island, Canada
The following excerpt is from Urquhart v. Loane, 2016 PECA 15 (CanLII):
In Hesketh v. Wright, 2007 ONCJ 54, there were two RESP accounts; one contributed by the parents, and the other by family members. The court found that the RESP contributed by family members must be used notwithstanding the net effect would be to reduce the amount the father (and the mother) had to contribute to the child’s education.
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