Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 12-04-2017, 10:27 AM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,342
Janus will become famous soon enough
Default What is extraordinary?

An old case, but basically a complete discussion on what is extraordinary, and it is a court of appeal decision too.

http://canlii.ca/t/1pfl4

Quote:
27 Following the Moss approach, an expense for an extracurricular activity is extraordinary only where it is out of proportion to the usual costs associated with that particular activity. For example, if the average costs of downhill skis is $500.00, then $500.00 for downhill skis would not be an extraordinary expense, but $1000.00 would be. The judge would still be required to apply the tests of necessity and reasonableness before determining that the payor should contribute to the extraordinary portion of this expense, but the initial determination of the extraordinary character of the expense would not involve consideration of the payor's means.
Reply With Quote
  #2 (permalink)  
Old 12-04-2017, 12:34 PM
Rioe's Avatar
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,248
Rioe will become famous soon enough
Default

Quote:
Originally Posted by Janus View Post
An old case, but basically a complete discussion on what is extraordinary, and it is a court of appeal decision too.

http://canlii.ca/t/1pfl4
Quote:
27 Following the Moss approach, an expense for an extracurricular activity is extraordinary only where it is out of proportion to the usual costs associated with that particular activity. For example, if the average costs of downhill skis is $500.00, then $500.00 for downhill skis would not be an extraordinary expense, but $1000.00 would be. The judge would still be required to apply the tests of necessity and reasonableness before determining that the payor should contribute to the extraordinary portion of this expense, but the initial determination of the extraordinary character of the expense would not involve consideration of the payor's means.
Wow, that's a way of thinking of it that I haven't seen before, and in fact the reverse of all the thinking I've seen before. So it's only supposed to kick in when one parent blows the budget?

I'd be pretty mad if my ex said "hey, I bought these $1000 skis, you gotta reimburse me" when there are $500 ones to be found. I can see that the tests go further, and would look into say, if the kid had a valid reason for needing the super-expensive skis instead of average quality.

Hope that's only for extracurricular stuff too, and not the standard s7 expenses of daycare, tuition and braces. Otherwise it would encourage one parent to always choose the expensive option because that's the only way to make the other parent have to share it at all?
Reply With Quote
  #3 (permalink)  
Old 12-04-2017, 01:24 PM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,342
Janus will become famous soon enough
Default

That was not my interpretation. I felt that the ruling said that you first determine if the cost was extraordinary. Then you determine if it is reasonable.

$500 for skiing is not extraordinary. $1000 for skiing is extraordinary, but not reasonable.

I actually like the case law because there is a lot of mingling between extracurricular and extraordinary. While the words are similar, that does not make them equivalent. This case law clearly shows that extracurricular is not necessarily extraordinary. Sadly, lots of other case law has parents splitting costs of regular swimming lessons or house league hockey.

In fact, the splitting should only be of the excessive part, not the part that would be a normal expected expense.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
What's a "new extraordinary expense"? stripes Financial Issues 4 06-17-2013 08:25 PM
extra curricular fee's lets_be_fair Financial Issues 2 04-03-2013 02:19 PM
Extraordinary expenses - can CS payor claim? Simplicity Financial Issues 0 11-15-2012 09:10 PM
Extraordinary Expenses - Again About_Time Divorce & Family Law 3 06-28-2010 04:07 PM
Extraordinary expenses Neetz Financial Issues 19 06-17-2010 04:15 PM


All times are GMT -4. The time now is 12:52 PM.