Difference between revisions of "The Spousal Support Advisory Guidelines"
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Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
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<blockquote>"The stated purpose of the Guidelines is to bring more certainty and predictability to the determination of spousal support. As a result individual justice is sacrificed for consistency. Every case is different on its facts. There are often many variables. Flexibility and discretion are needed for individual circumstances.</blockquote> | <blockquote>"The stated purpose of the Guidelines is to bring more certainty and predictability to the determination of spousal support. As a result individual justice is sacrificed for consistency. Every case is different on its facts. There are often many variables. Flexibility and discretion are needed for individual circumstances.</blockquote> | ||
<blockquote>"Judges should exercise extreme caution in using the Guidelines. The ''Divorce Act'' and the decisions of the Supreme Court of Canada call on judges to undertake a thorough analysis in each case. Not to do so is to disregard the views of the highest court in this country and to make a mockery of stare decisis."</blockquote> | <blockquote>"Judges should exercise extreme caution in using the Guidelines. The ''Divorce Act'' and the decisions of the Supreme Court of Canada call on judges to undertake a thorough analysis in each case. Not to do so is to disregard the views of the highest court in this country and to make a mockery of stare decisis."</blockquote> | ||
However, despite these differences in judicial attitude elsewhere, until or unless the Supreme Court of Canada rules otherwise, BC remains a pro-Guidelines jurisdiction. | |||
==The formulas== | ==The formulas== | ||