There is also the question of the contingent liability the respondent faces as a result of the lawsuit arising out of his employment. I consider this contingent liability to be the responsibility of both parties. His employment sustained their standard of living and will continue to sustain it, at least in part, if the respondent maintains his employment through spousal and child support payments. Both parties have enjoyed the benefits of that employment and both parties must take responsibility for the financial risk associated with the lawsuit: see Stein v. Stein, 2008 SCC 35. If there is a judgment against the respondent he will be responsible for it and perhaps responsible for legal costs.
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