E.A. v. B.L.A.

E.A. v. B.L.A.

The court found the defendant's move to long-term disability producing a substantial and continuing reduction in income was not actually assessed by the prior judge when fixing spousal support and therefore constituted a change in circumstances warranting review; accordingly the court granted review and procedural...

Source-derived case information.

Citation
2005 BCSC 424
Parties
Plaintiff: E.A.; Defendant: B.L.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 March 2005
Procedural Posture
Spousal Support Variation (family Law) / Application to Vary Consent Order and Prior Judgment; Teleconference Decision Granting Review and Procedural Directions
Outcome
Court found a material change in the defendant's circumstances warranting review of spousal support and granted procedural relief; no final variation on the merits was made.
Legal Topics
Variation of Support, Material Change in Circumstances, Disability Income, Consent Order Review, Stay of Enforcement
Source Language
english
Family Law Spousal Support Civil Procedure Variation of Support Material Change in Circumstances Disability Income Consent Order Review Stay of Enforcement

Source-derived case record

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Parties

E.A.

Plaintiff

B.L.A.

Defendant

Procedural Posture

Spousal Support Variation (family Law) / Application to Vary Consent Order and Prior Judgment; Teleconference Decision Granting Review and Procedural Directions

Legal Issues

  1. 1 Whether the defendant's move to long-term disability and reduction to approximately 65-67% of pre-disability income constitutes a material change in circumstances warranting variation of spousal support
  2. 2 Whether the possibility of long-term disability was within the contemplation of the court at the time of the prior spousal support decision
  3. 3 Whether enforcement of the spousal support order should be stayed pending review

Ratio Decidendi

The court found the defendant's move to long-term disability producing a substantial and continuing reduction in income was not actually assessed by the prior judge when fixing spousal support and therefore constituted a change in circumstances warranting review; accordingly the court granted review and procedural relief rather than final variation on the merits.

Court Disposition

Court found a material change in the defendant's circumstances warranting review of spousal support and granted procedural relief; no final variation on the merits was made.

Orders

  • Plaintiff granted leave to file additional affidavit material within one week of March 15, 2005
  • Defendant granted leave to file reply material by March 29, 2005