What is the current state of the law on non-compensationary and compensatory benefits for a woman who was found to be unable to work after a long-term disability?

British Columbia, Canada


The following excerpt is from Gagne v. Gagne, 2013 BCSC 262 (CanLII):

With regard to the respondent’s ongoing obligation to pay spousal support I accept that the claimant has established an entitlement to spousal support primarily on a non-compensatory basis, and to some extent a compensatory basis: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420. While there is no clear opinion from a medical expert that the claimant is not employable, the Province of B.C. has accepted her application for a disability benefit supported as it is by the comments of a physician. It is evident that she is disabled to the extent of requiring a walker and her prospects of employment are bleak. Nevertheless, I agree with the respondent that it would be unfair to burden him with an indefinite support obligation after a relationship lasting about 7½ years: Wise v. Wise, 2006 BCSC 945. The respondent is not the insurer of a former spouse such that he must provide for her as long as she is in need because of her disability: Rayvals v. Rayvals, 2008 BCSC 176, and Raymond v. Raymond, 2012 BCSC 1747.

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