What is the test for determining extraordinary school costs?
Manitoba, Canada
The following excerpt is from Holeman v. Holeman, 2006 MBQB 278 (CanLII):
However, the matter does not end there. Once the court concludes that the school costs are indeed extraordinary, the balance of s. 7 must be considered. Section 7.1 directs the court to “take into account” three factors. They are intertwined and each must be examined: Chambers v. Chambers, 2004 MBQB 239. The factors are: • the necessity of the expense in relation to the child’s best interests; • the reasonableness of the expense in relation to the means of the parents and the child; and • the family’s spending pattern pre-separation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the adult child have to pay a third of the cost of post-secondary education costs? (Manitoba, Canada)
How have courts considered the conduct of an executor/trustee in determining compensation and costs? (Manitoba, Canada)
What is the test for a judge's discretion on costs in a personal injury action? (Manitoba, Canada)
Does a judge have discretion to depart from the applicable tariff on an award of costs? (Manitoba, Canada)
What is the impact of the sophistication of the individual defendant on the determination of inherent prejudice in a motion? (Manitoba, Canada)
What is the test for determining the proper measure of damages for third tier lending? (Manitoba, Canada)
Is an executor entitled to indemnity for costs and expenses incurred by the executor in the course of the administration of the estate? (Manitoba, Canada)
What is the test for undue hardship in determining child support? (Manitoba, Canada)
What is the test for determining whether parties to a conjugal relationship have separated? (Manitoba, Canada)
What is the test for determining whether the City of Vancouver is liable in negligence under the Anns Test? (Manitoba, Canada)
