Morey v. Morey

Morey v. Morey

The chambers judge correctly found a material change of circumstances because the actual income trajectory fell outside what the parties had actually contemplated when they consented to the original order, justifying an increase in spousal support; however the judge erred by making the variation retroactive to July 1, 2009 without exercising or explaining the requisite judicial discretion regarding retroactivity, so the variation is confirmed but made effective January 1, 2016.

Citation
2017 BCCA 439
Parties
Respondent (claimant): Dale Tassie Morey; Appellant (respondent): Wilbert Bryce Morey
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 December 2017
Procedural Posture
Divorce/family Law Spousal Support Variation (appeal) / Court of Appeal Decision on Appeal From Supreme Court Order
Outcome
Appeal allowed in part: variation of spousal support confirmed but original retroactive order set aside and effective date changed to January 1, 2016; otherwise appeal dismissed.
Legal Topics
Variation of Support, Retroactivity, Material Change of Circumstances, Consent Orders
Source Language
English
Family Law Spousal Support Divorce Civil Procedure Variation of Support Retroactivity Material Change of Circumstances Consent Orders

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Parties

Dale Tassie Morey

Respondent (claimant)

Wilbert Bryce Morey

Appellant (respondent)

Procedural Posture

Divorce/family Law Spousal Support Variation (appeal) / Court of Appeal Decision on Appeal From Supreme Court Order

Legal Issues

  1. 1 Whether there was a material change in circumstances of an unforeseen nature entitling the applicant to increased spousal support
  2. 2 Whether any increase in spousal support should be made retroactive and, if so, to what date

Ratio Decidendi

The chambers judge correctly found a material change of circumstances because the actual income trajectory fell outside what the parties had actually contemplated when they consented to the original order, justifying an increase in spousal support; however the judge erred by making the variation retroactive to July 1, 2009 without exercising or explaining the requisite judicial discretion regarding retroactivity, so the variation is confirmed but made effective January 1, 2016.

Court Disposition

Appeal allowed in part: variation of spousal support confirmed but original retroactive order set aside and effective date changed to January 1, 2016; otherwise appeal dismissed.

Orders

  • Original retroactive variation to July 1, 2009 set aside
  • Spousal support variation confirmed and ordered to take effect January 1, 2016