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What is extraordinary?

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  • 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

    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.

  • #2
    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
    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?

    Comment


    • #3
      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.

      Comment

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