There has been confusion in the courts surrounding the applicable framework for determining applications under section 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) to retroactively reduce or rescind the amount of owed child support (Colucci v Colucci, 2021 SCC 24 [Colucci], para 3). This confusion has partly resulted from the courts' […]
Families come in all shapes and sizes, and the primary caregivers of a child in a given family aren’t necessarily always the child’s parents. The law, however, has struggled to grasp the diversity of family structures in the context of custody hearings. The Prince Edward Court of Appeal (“PECA”) faced this dilemma in BJT v […]
Should children’s rights to child support be protected by the courts even after the child has reached the age of majority? Should the payor parent be held liable for dishonest financial disclosure during child support proceedings after the child support order has already expired? In Michel v Graydon, 2020 SCC 24 [Michel], the SCC clarifies […]