Fisher vs Fisher

[leeburn]

Hi There

Has anyone read the fisher vs fisher appeal ruling? I have gone through it and the it does make reference to the SSAG as a "useful tool".

What I did take away however, was the appeal court ruling putting time limits on spousal support payment and only using the pre separation income as a basis for this support.

I am on my 8th offer to my ex wife and am currently paying 50% NDI. I am attempting to pay out a lump sum for this and am trying to use a timeframe. I know there are many, many factors to consider, however in light of this decision I am rethinking the amount.

Anyone used this ruling recently?

thanks

[logicalvelocity]

leeburn,

The SSAG are not law but just guidelines. Often courts may refer to an award but at the end of the day its the courts discretion whether or not to apply. Its basically a starting point.

Fisher v. Fisher, 2008 ONCA 11 (CanLII)

http://www.canlii.org/en/on/onca/doc...2008onca11.pdf

However a very nice analysis of the guidelines is summarized at Paragraphs 93 to 103.


lv

[logicalvelocity]

After reading the case further - to me the Court of Appeal pretty much endorsed the SSAG without saying it. The court did not see the 19 year marriage as long term but rather medium length such as the guidelines suggest and the quantum awarded was in the low range of the guidelines.