By Malcolm C. Kronby
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Extra resources for Canadian Family Law, 10th Edition
Cruelty in one marriage might have been unobjectionable in another, and the line of demarcation was blurred. Of course, there were obvious cases of physical cruelty, but many situations presented subtle and difﬁ cult problems. In some cases, one isolated act of cruelty was held to be an insufﬁcient ground, where the parties continued to live together for a time Chapter 4: Spousal Support | 29 afterward. No doubt an isolated act of, for example, stabbing would not be so lightly regarded. Mental cruelty was often very difﬁcult to prove sufﬁciently to satisfy the 1897 rule.
In other cases, compensatory support was granted to redress the contribution made by the wife to the husband’s career. As a result of a decision in the Ontario Court of Appeal, the award of lump-sum compensatory support may be regarded as exceptional, but it does happen. Periodic support, without an element of “compensation,” is more common. Spousal support does not automatically terminate on the recipient’s remarriage or cohabitation. The court has the power to order ﬁnancial sup port in the form of periodic payments, for example, so much per week or month, either for an indeﬁnite period or until a speciﬁed event occurs, together with a lump sum to be paid directly to the dependant or held in trust for the dependant, or any combination of these awards.
Among the statutes amended were the FLA, the Children’s Law Reform Act, the Family Responsibility and Support Arrears Enforcement Act, and the Succession Law Reform Act. I. and Nunavut. The Part I property provisions of the FLA were not similarly amended. In Ontario, neither same-sex spouses nor unmarried heterosexual spouses have the right to equalize net family property on the breakdown of their rela tionship. In the case of unmarried heterosexual spouses, this distinction has been the subject of Charter challenges.