THE VARIATION, ENFORCEMENT AND INTERPRETATION OF MAINTENANCE ORDERS IN CANADA - SOME NEW ASPECTS OF AN OLD DILEMMA

Authors

  • KEITH B FARQUHAR

Keywords:

Divorce, Husband and Wife, Marriage

Abstract

This article describes situations where provincial courts will be asked to enforce a maintenance order. It then considers how far an enforcing court may go into the interpretation of a maintenance order before infringing the widely espoused principle that its function is confined to enforcement and does not extend to variation or rescission. The author examines the express limitation placed by the Supreme Court of Canada on the range of options open to an enforcement court, and argues that this narrow interpretative power creates an even greater risk that provincial courts will exceed their jurisdiction.

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Published

1982-12-01

Issue

Section

Legal Commentary