Canadian Lawyer

August 2011

The most widely read magazine for Canadian lawyers

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LEGAL REPORT/FAMILY LAW map for those in which the payor's income exceeds $350,000. And so, some family law lawyers say it's time for the Supreme Court of Canada to dust off the Brownie camera and develop that All over the map A snapshot of cases from coast to coast tells the tale: when it comes to spousal support, the courts are all over the When it comes to spousal support orders for payors with incomes more than $350,000, courts across the country are not showing any consistency. BY GRETCHEN DRUMMIE final picture. Toronto family law law- yer Will Abbott is one who thinks the scattered approach needs settling. "The Supreme Court doesn't hear family law cases very often, but this is a situation where one should go." Support in this country has been an evolutionary process: first, the federal government's child support guidelines became law. Then, Carol Rogerson and Rollie Thompson created the spousal support advisory guidelines; the key words being "advisory guidelines" as they were not law. Then, in 2008, Fisher v. Fisher said barring exceptional cir- cumstances courts should follow the guidelines, and now it's an uphill battle to go against them. But again, notice the key words: "exceptional circum- stances." www.CANADIAN Lawyermag.com A U GUST 2011 55 JASON SCHNEIDER

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