Breed v. Breed

Breed v. Breed

The Court had jurisdiction under s.17 and the June 2014 order exception to vary spousal support; on credibility findings the Applicant established a material change — payee's failure to pursue any self-sufficiency, significant unilateral depletion and devaluation of the farm asset, and failure to market the farm — which could not have been contemplated when the CRO was made; the SSAG were not applied given prior agreement and evidentiary gaps; as a proportional and pragmatic response the Court reduced spousal support to $15,000 per month effective May 1, 2016, terminated Applicant's obligation to pay municipal property taxes for the farm, fixed ancillary enforcement measures (photo review...

Citation
2016 NSSC 42
Parties
Petitioner/respondent: Caryn Grace Breed; Respondent/applicant: Perley Stephen Breed
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2016
Procedural Posture
Divorce Application to Vary (divorce Act S.17) / Decision After Hearing on Variation Application
Outcome
Application to Vary granted in part and denied in part.
Legal Topics
Variation of Spousal Support, Material Change of Circumstances, Self Sufficiency Obligation, Jurisdiction and Arbitration, Sale and Marketing of Property, Costs and Conduct
Source Language
English
Family Law Divorce Spousal Support Matrimonial Property Enforcement Variation of Spousal Support Material Change of Circumstances Self Sufficiency Obligation +3 more

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Parties

Caryn Grace Breed

Petitioner/respondent

Perley Stephen Breed

Respondent/applicant

Procedural Posture

Divorce Application to Vary (divorce Act S.17) / Decision After Hearing on Variation Application

Legal Issues

  1. 1 Does the Court have jurisdiction to hear the Application to Vary?
  2. 2 Has there been a material change in circumstances justifying variation?
  3. 3 If so, should the Spousal Support Advisory Guidelines apply?

Ratio Decidendi

The Court had jurisdiction under s.17 and the June 2014 order exception to vary spousal support; on credibility findings the Applicant established a material change — payee's failure to pursue any self-sufficiency, significant unilateral depletion and devaluation of the farm asset, and failure to market the farm — which could not have been contemplated when the CRO was made; the SSAG were not applied given prior agreement and evidentiary gaps; as a proportional and pragmatic response the Court reduced spousal support to $15,000 per month effective May 1, 2016, terminated Applicant's obligation to pay municipal property taxes for the farm, fixed ancillary enforcement measures (photo review...

Court Disposition

Application to Vary granted in part and denied in part.

Orders

  • Spousal support payable by Perley (Stephen) Breed reduced to CAD 15000 per month effective May 1, 2016.
  • Perley Breed is no longer required to pay municipal property taxes for the farm (third party payment obligation discharged).