CanadaWhat is the standard of review when appealing a family court support order?
The standard of review for family court support orders in Canada is reasonableness, with a high degree of deference owed to the trial judge’s factual findings and exercise of discretion.
What the Law Says
While no specific federal or provincial statute defines the standard of review for support orders, the framework is grounded in administrative and appellate law principles applied by courts — notably affirmed by the Supreme Court of Canada in Hickey v. Hickey.
Canadian appellate courts do not re-weigh evidence or substitute their own views on support amounts. Instead, they assess whether the trial judge’s decision falls within a range of reasonable outcomes.
This deferential approach recognizes the trial judge’s unique advantage in observing witnesses, assessing credibility, and weighing the nuanced circumstances of each family.
The standard applies equally to child support (under the Federal Child Support Guidelines) and spousal support (under the Divorce Act or provincial family laws), though the legal tests differ.
What Courts Have Said
The Supreme Court of Canada established the governing principle for reviewing support orders in Hickey v. Hickey — emphasizing restraint and respect for the trial judge’s role.
The Court held that appellate courts must show a 'high degree of deference' to trial judges’ support determinations, interfering only if the order is 'clearly wrong' or based on an error of law, misapprehension of evidence, or failure to consider a relevant factor.
What to Do
Identify whether the appeal challenges factual findings, legal interpretation, or the exercise of discretion.
Confirm the order was made under the Divorce Act (federal) or provincial family law legislation (e.g., BC Family Law Act).
File the appeal within the applicable deadline — typically 30 days from the order (varies by province; e.g., 30 days in Ontario under Family Law Rules, r. 32(1)).
Prepare factum highlighting any legal error, material misapprehension, or failure to consider key evidence — not mere disagreement with quantum.
Avoid arguments that ask the appeal court to re-assess credibility or re-weigh evidence, as these are generally impermissible.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.