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News & Views
This is the page on which recent changes or developments in the law and
practice in Manitoba Family Law are highlighted. All commentary is the responsibility
of Len Fishman, unless otherwise stated. Click a button on the left navigation
bar to be led to what's new in Manitoba Family Law.
If you have an opinion on a family law topic contact Len Fishman.
DISCLAIMER:
SEE IMPORTANT
LEGAL NOTICES
Your use of this Website signifies
and is deemed acceptance of the important legal notices set out.
Supreme Court Case on Illness and Spousal Support:
Bracklow v. Bracklow
The Supreme Court of Canada has handed down its awaited decision in the case of Bracklow v. Bracklow, dealing with the issue of spousal support following a relatively short marriage, 7 years, which found the wife too ill to work after it was over.
This case is probably the most important on the issue of spousal support since Moge v. Moge. The court identified that spousal support is "compensatory", "contractual" or "non-compensatory". In this case the court found that the trial judge's reliance on the "clean break" model was in error and remitted the case for re-assessment in light of the high court's decision. The case, and Moge, can be found at the Supreme Court website. which you will find on our Links page..
