www.canadianlawyermag.com 47
"Is the Ontario Court of Appeal saying
that Frame v. Smith is outdated, at
least when it comes to a conspiracy that is
related to money in family law matters?"
Lawrence Pinsky, Taylor McCaffrey LLP
amendments, which went into effect in
2021, "explicitly recognized the devas-
tating, lifelong impact of family violence on
children and families."
D e s p i t e t h e s e c h a n g e s , Ju s t i c e
Mandhane noted that the legislation did
not address all the legal issues raised by an
allegation of family violence.
"At its heart, spousal support is compen-
satory rather than fault-driven. As such,
spousal support awards are not meant to
censure particularly egregious conduct
during the family relationship that calls
out for aggravated or punitive damages,"
she wrote.
Matthews noted that the superior court
ruling is now under appeal, "but everyone
in the family law community is going to be
keeping an eye on it."
It's not a done deal, "but as a lawyer, you
have to be aware of it and help your client
understand its implications."
