Tuesday, October 4, 2011

A judge's discretion regarding support awards is typically given considerable deference and not overturned on appeal "unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or the award is clearly wrong"

Khurana v. Khurana, 2011 ABCA 261 deals with appeals from support awards.  The Court emphasizes the deference to be paid to the judge of first instance saying:

 

 

Standard of Review

 

[5]               The appellant appeals the part of the order dismissing his application. A chambers judge’s discretion regarding support awards is typically given considerable deference and not overturned on appeal “unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or the award is clearly wrong”: Hickey v Hickey, 1999 CanLII 691 (SCC), [1999] 2 SCR 518 at para 11.

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