Friday, November 18, 2011

Lump sum spousal support

Zenteno v. Ticknor, 2011 ONCA 722 deals with lump sum spousal support.  Generally, support is not to be lump sum unless necessary:

 

 

[3]              The sole issue on this appeal was the correctness of the trial judge’s order of a lump sum payment for spousal support and a securing of that order by way of charge against the appellant’s solely owned property.

 

[4]              Both parties agree, as do we, that this court’s recent decision in Davis v. Crawford, 2011 Carswell Ont. 2521 (Ont. C.A.) provides the principal authority for this appeal.  And, as Davis reminds us, appeal courts will not interfere with support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence or unless the award is clearly wrong.

 

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