August 28, 2020 – Defaulting to SSAG Mid-Range

“It is an error to default to the mid-range of the Spousal Support Advisory Guidelines, and the mid-range should not be treated as the default outcome. See Mason v. Mason, 2016 ONCA 725 (CanLII) at 199 and section 9.1 of the Spousal Support Advisory Guidelines. As set out in Mason at para. 199:

Section 9 of the 2016 Revised User’s Guide explicitly states: ‘The mid-point of the SSAG ranges should NOT be treated as the default outcome.’ In determining the appropriate quantum of support within the range, a court is required to consider the support factors and objectives… The SSAGs also provide a number of factors to consider while choosing a location within the range, including the strength of the compensatory claim, the recipient’s need, property division and debts, and the payor’s needs and ability to pay.” 

Easton v. Coxhead, 2018 ONSC 4784 (CanLII) at 112