Not exact matches
Should they be the same or different than the
principles applied in
retroactive child support cases?
In J.D.C. v. K.L.M.F.C., 2014 BCSC 2182 the BC Supreme Court reviewed the leading Supreme Court of Canada case of Kerr and Barrow and noted that
retroactive child support and
retroactive spousal
support claims share some but not all of the key
principles from the famous Supreme Court of Canada case of DBS.
[16] Mr. Rempel submits first that the trial judge erred in
principle by failing to weigh the D.B.S. factors independently in relation to spousal
support, adopting instead her assessment of those factors from the
retroactive child support analysis.
[659] In Reis v. Bucholtz, 2010 BCCA 115 (CanLII), the Court of Appeal considered the
principles and analysis in DBS with respect to
retroactive child support are applicable to claims for
retroactive spousal
support (para. 66).