Difference between revisions of "Clicklaw Wikibooks Style Guide"

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Clicklaw Wikibooks Style Guide (view source)

Revision as of 21:38, 17 July 2017

62 bytes added ,  21:38, 17 July 2017
→‎Block formatting caselaw and regular text
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A block formatted excerpt of a typical case looks like this:
A block formatted excerpt of a typical case looks like this:


In the leading case [http://canlii.ca/t/1lxpf ''Contino v. Leonelli-Contino''], 2005 SCC 63, the Supreme Court of Canada said this with respect to section 9(b):
In [http://canlii.ca/t/1lxpf ''Contino v. Leonelli-Contino''], 2005 SCC 63, the Supreme Court of Canada said this about child support payments where there is shared custody:


<blockquote>
<blockquote>
[52] What should the courts examine under this heading? Section 9(b) does not refer merely to the expenses assumed by the payor parent as a result of the increase in access time from less than 40 percent to more than 40 percent, as argued in this Court. This cannot be for at least two reasons.
"[37] The framework of s. 9 requires a two‑part determination: first, establishing that the 40 percent threshold has been met; and second, where it has been met, determining the appropriate amount of support.
First, it would be irreconcilable with the fact that some applications under s. 9 are not meant to obtain a variation of a support order, but constitute a first order (see Payne, at p. 261). Second, as mentioned earlier, the Table amounts in the Guidelines do not assume that the payor parent pays for the housing, food, or any other expense for the child. [...]
 
"[38] With respect to the second part of the determination [...] courts across the country have struggled to develop an interpretation of s. 9 that is consistent with the Guidelines’ objectives. While the approaches vary widely, they can be divided in two categories. One approach, similar to the approach used by the motions judge, can be described as the “formulaic approach”. The other approach, which may be described as the “discretionary approach”, eschews the use of formulae."
</blockquote>
</blockquote>


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