“The calculation of spousal support must be based on established principles, which requires that I determine entitlement to support, duration and quantum, and decide whether a lump sum payment is appropriate as opposed to periodic payments.
Duration and quantum of support are separate and interrelated tools available to courts to best achieve the purposes of an order for spousal support, which, according to s. 15.2(6) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), are to:
a. recognize any economic advantages or disadvantages to the spouse arising from the marriage or its breakdown;
b. apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
c. relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
d. in so far as practicable, promote economic self-sufficiency of each spouse within a reasonable period of time.
These principles are consistent with the concept of marriage as a partnership. There is a presumption that spouses owe one another a mutual duty of support: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, at para. 20.
The threshold issue to be determined is entitlement. The Applicant did not argue this issue. Nevertheless, it is critical for the court to determine all grounds for entitlement because the basis for entitlement may significantly impact quantum and duration of spousal support: see Cassidy v. McNeil, 2010 ONCA 218, 99 O.R. (3d) 81, at para. 64. A strong compensatory claim will be a factor for a higher range in the Spousal Support Advisory Guidelines (SSAG): see s. 9.1 of the SSAG; see also Schulstad v. Schulstad, 2017 ONCA 95, 91 R.F.L. (7th) 84, at para 54.”