What is the impact of having a strong compensatory claim against the wife of a successful business owner in a separation action?
Ontario, Canada
The following excerpt is from Mason v. Mason, 2016 ONCA 725 (CanLII):
Section 9.1 of the SSAGs provide, “[a] strong compensatory claim will be a factor that favours a support award at the higher end of the ranges both for amount and duration.” The wife has a strong compensatory claim. The parties cohabited for at least 20 years. During their marriage, the wife worked with the husband to establish a successful business. Post-separation, the wife is no longer in a position to work in and benefit directly from the business. She suffered a significant disadvantage as a result of the breakdown of the marriage: Divorce Act, s. 15.2(6)(a); Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, at para. 41; see also Racco v. Racco, 2014 ONCA 330 (CanLII), 44 R.F.L. (7th) 348, at para. 24.
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