What is the test for a claim for non-compensation and compensatory support?

British Columbia, Canada

The following excerpt is from Knowlan-Manley v. Manley, 2013 BCSC 1508 (CanLII):

On the evidence I am satisfied that the claimant qualifies for compensatory and non-compensatory support. The order resulting from this application must reflect the objectives from Bracklow v. Barcklow 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 and repeated in Walters at para. 39. The claimant has demonstrated need, a limitation in her ability to become self-sufficient. Nevertheless her share of the family assets survives and provides her with the prospects of continuing income as well as a residence.

Other Questions

Can a plaintiff who signed an agreement in December 2006 to "renounce any further claim" for spousal support after December 31, 2008 make a new claim for support? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
How is the assessment of “need” in the analysis of non-compensatory support claims? (British Columbia, Canada)
What is the difference between compensatory and non-compensatory grounds for spousal support under the Divorce Act? (British Columbia, Canada)
What is the current state of the law on non-compensatory support for spousal support? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
Is there any case law supporting the argument that a claim is not a contractual claim? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the difference between the compensatory and non-compensatory aspects of spousal support? (British Columbia, Canada)
What are the principles that apply to a non-compensatory spousal support claim where the claimant is disabled? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.