Krolo v. Lyons

Krolo v. Lyons

On the limited interim record the respondent failed to establish prima facie entitlement to interim non‑compensatory spousal support because the parties' means after accounting for mandatory debt servicing are similar, the applicant lacks available funds to pay due to significant family/CRA debts and garnishments, and there was insufficient evidence to impute higher income to the applicant; accordingly the existing without‑prejudice interim spousal support order is terminated effective the date of judgment and the applicant is entitled to costs for the one‑day contested application.

Citation
2025 BCSC 1339
Parties
Claimant: Damir Krolo; Respondent: Candy Lee Lyons
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 February 2025
Procedural Posture
Family Law Spousal Support / Interim Application to Suspend or Terminate Interim Spousal Support Order
Outcome
Application granted in part: the interim without‑prejudice spousal support order of November 18, 2019 is terminated; applicant awarded costs for the one‑day contested application.
Legal Topics
Variation/termination of Interim Order, Prima Facie Entitlement to Interim Support, Spousal Support Advisory Guidelines, Family Debt and Debt Servicing, Burden of Proof for Income Imputation
Source Language
English
Family Law Spousal Support Interim Relief Income Imputation Variation/termination of Interim Order Prima Facie Entitlement to Interim Support Spousal Support Advisory Guidelines Family Debt and Debt Servicing +1 more

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Parties

Damir Krolo

Claimant

Candy Lee Lyons

Respondent

Procedural Posture

Family Law Spousal Support / Interim Application to Suspend or Terminate Interim Spousal Support Order

Legal Issues

  1. 1 Whether respondent has prima facie entitlement to interim non‑compensatory spousal support
  2. 2 Whether applicant has the means to pay interim spousal support given significant debts and garnishment
  3. 3 Whether income should be imputed to the applicant for Guidelines income calculation

Ratio Decidendi

On the limited interim record the respondent failed to establish prima facie entitlement to interim non‑compensatory spousal support because the parties' means after accounting for mandatory debt servicing are similar, the applicant lacks available funds to pay due to significant family/CRA debts and garnishments, and there was insufficient evidence to impute higher income to the applicant; accordingly the existing without‑prejudice interim spousal support order is terminated effective the date of judgment and the applicant is entitled to costs for the one‑day contested application.

Court Disposition

Application granted in part: the interim without‑prejudice spousal support order of November 18, 2019 is terminated; applicant awarded costs for the one‑day contested application.

Orders

  • Terminate the interim without prejudice spousal support order made November 18, 2019 effective February 21, 2025
  • Applicant Damir Krolo awarded his costs for a one‑day contested application