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ARTICLE · 16 APRIL 2021

Make Sure You Are Compliant With Your Support Obligation When Appealing

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The Court of Appeal in Abu-Saud v. Abu-Saud, 2020 ONCA 824 (CanLII) recently affirmed its jurisdiction to quash or dismiss an appeal due to non-compliance of a spousal support order.

CanadaFamily and Matrimonial
Kaitlin Jagersky
Kaitlin Jagersky
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The Court of Appeal in Abu-Saud v. Abu-Saud, 2020 ONCA 824 (CanLII) recently affirmed its jurisdiction to quash or dismiss an appeal due to non-compliance of a spousal support order. In this case, the Respondent Wife was successful in her request to quash the appeal of her former spouse based on his ongoing and wilful breach of court orders dealing with ongoing and arrears of spousal support payable to her. The Appellant Husband was in breach of not only the trial judge's order but also the Court of Appeal's order. The Court of Appeal held that the actions of the Appellant Husband were "deliberate, relentless and indefensible" finding that he deliberately undertook, without lawful justification, whatever step he could to avoid his spousal support obligation to the Respondent Wife.

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