G. (L.) v. B. (G.)

G. (L.) v. B. (G.)

Appeal allowed: a variation under s.17 requires a material change that was not known or foreseeable at the time of the agreement; because the respondent knew of the appellant's relationship when the agreement was made, cohabitation was not a material change and spousal support should not be reduced; child support is cancelled because the child became married and independent.

Citation
[1995] 3 SCR 370
Parties
Appellant: L.G.; Respondent: G.B.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 September 1995
Procedural Posture
Divorce Support Variation / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
appeal allowed
Legal Topics
Variation of Support, Separation Agreement Effect, Cohabitation and Self Sufficiency, Interpretation of the Divorce Act
Source Language
English
Family Law Divorce Spousal Support Child Support Variation of Support Separation Agreement Effect Cohabitation and Self Sufficiency Interpretation of the Divorce Act

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Parties

L.G.

Appellant

G.B.

Respondent

Procedural Posture

Divorce Support Variation / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

Legal Issues

  1. 1 Whether the recipient's cohabitation with a new partner constitutes a material change of circumstances justifying variation of spousal support
  2. 2 To what extent a separation agreement incorporated in a divorce judgment limits the court's discretion to vary support under the Divorce Act
  3. 3 Whether child support should be cancelled where the child has become married and independent

Ratio Decidendi

Appeal allowed: a variation under s.17 requires a material change that was not known or foreseeable at the time of the agreement; because the respondent knew of the appellant's relationship when the agreement was made, cohabitation was not a material change and spousal support should not be reduced; child support is cancelled because the child became married and independent.

Court Disposition

appeal allowed

Orders

  • Court of Appeal judgment reversed and Superior Court order restored except as to child support
  • Child support of $100 per month cancelled from the date the appeal was heard