
On January 23 2004, the Court of Appeal will hear the Minister of Revenue of Quebec’s appeal of our successful damage award on behalf of a wife and children who did not receive their alimentary pension because of the Minister’s fault and negligence in collecting the money from the husband’s employer. Under the Act to Facilitate the Payment of Support, the Minister of Revenue is supposed to collect alimony and child support awards.
The Supreme Court of Canada has rendered its decision in Miglin vs. Miglin about the claim of an ex-wife to overturn a prior agreement with her ex-husband that set a term to her alimony. Despite prior favourable rulings in Bracklow and Moge that favoured recognizing long-term spousal support, the Supreme Court took a different approach in Miglin, in light of the freely concluded agreement between the spouses.