UNE NOUVELLE ERE POUR LA PENSION ALIMENTAIRE ENTRE EX-CONJOINTS AU CANADA
AbstractThe purpose of this article is to show how, after a period of decline starting in the 1960s, orders for support payments between divorced couples are at the beginning of a new area, and it should, in the years to come, again provide a more effective way of benefitting a large number of women, economically disadvantaged as a result of divorce. Spurred on by a continuing flow of academic writing and in the light of recent empirical studies about the actual economic and social consequences of divorce, a trend in the case law, more and more marked since the end of the 1980s, emphasizes the indemnitory or compensatory nature of support payments, in the context of divorce. These cases provide a new interpretation of the Divorce Act of 1985, more generous with respect to those who are entitled to support. This trend culminated in the decision of the Supreme Court of Canada in Moge v. Moge. This article analyzes the major elements of this new view of the law related to support; and it also considers the impact which the decision will have on the principles set out in this area by the Supreme Court in the Pelech- Richardson-Caron trilogy, as well as the impact on "causal connection theory".
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