The MacLean Family Law Group, acting on behalf of Gary Leskun, is pleased to report the spousal support decision which created much debate across Canada after the decision of the BC Court of Appeal will be heard by the Supreme Court of Canada.
The issues to be decided are summarized below:
Leskun v. Leskun
(30548) (B.C.) January 20, 2005
[2004] S.C.C.A. No. 434 in the SCCA database.
Family law — Spousal support — Spousal misconduct — Whether s. 15.2(5) or s. 17 of the Divorce Act permit a court to consider spousal misconduct in determining whether a spouse has failed to achieve to achieve economic self-sufficiency — Whether it is appropriate for the court to consider the parties’ capital positions in relation to the ability to pay support in cases involving a determination of support pursuant to ss. 15.1 or 15.2 of the Divorce Act — Whether s. 15.2 of the Divorce Act permits a review order for spousal support — What is the test for making a review order for support as compared to a time-limited order for spousal support — Whether there is a subjective and/or objective test for determining if a spouse has the ability to pay support or for determining if a spouse has met the duty or obligation to pursue the goal of self-sufficiency set out in s. 15.2(6) of the Divorce Act — Whether the Court of Appeal for British Columbia erred as a matter of law in the application of that test in the present case — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15.2(5). HELD: The application for leave to appeal is granted with costs to follow the event.