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  • Family Law accounts for 17 out of 812 casebriefs.

Style of causeRatio

S.(A.) v. S.(A.) (1988), 15 R.F.L. (3d) 443 (Ont. U.F.C.)

Consent obtained by duress renders a marriage voidable (voidable because it could be ratified by the person who was under duress at a later date)

Schmid v. Smith (1999), 1 R.F.L. (5th) 447 (Ont. Sup. Ct. Just.)

Claim 1 = undue hardship
**But have to compare Father's standard of living with Mother's. Father;s standard of living is higher – therefore not a reason to vary child support

Claim 2 = no undue hardship
**10(2)(b) provides that a circumstance may cause undue hardship if there is a legal duty to support a child, other than a child of the marriage – BUT A is a kid of the marriage so no undue hardship

Claim 3 = no undue hardship
**Court said there wasn’t enough evidence for this