Domirti v. Domirti

Domirti v. Domirti

Court found applicant failed to establish the requisite material change in circumstances to justify termination; respondent has made genuine efforts but is constrained by collective agreement, reduced funding and debt; SSAG calculations supported continued support; therefore spousal support should continue at $1,250 per month and the termination and alternate relief regarding FMEP enforcement on retirement were denied.

Citation
2009 BCSC 749
Parties
Plaintiff / Respondent: Janice Domirti (aka Janice Skinner); Defendant / Applicant: Doriano Domirti
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 June 2009
Procedural Posture
Divorce Spousal Support Variation (review) / Chambers Review Application; Reasons for Judgment
Outcome
Applicant's motion dismissed; spousal support continued
Legal Topics
Variation, Termination, Spousal Support Advisory Guidelines, Material Change of Circumstances, Retirement and Pension Effects, Collective Agreement Impact on Employment
Source Language
English
Family Law Divorce Act Spousal Support Variation Termination Spousal Support Advisory Guidelines Material Change of Circumstances Retirement and Pension Effects +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Janice Domirti (aka Janice Skinner)

Plaintiff / Respondent

Doriano Domirti

Defendant / Applicant

Procedural Posture

Divorce Spousal Support Variation (review) / Chambers Review Application; Reasons for Judgment

Legal Issues

  1. 1 Whether spousal support should be terminated or varied
  2. 2 Whether there has been a material change in circumstances since prior order
  3. 3 Whether payer's retirement would terminate enforcement by FMEP

Ratio Decidendi

Court found applicant failed to establish the requisite material change in circumstances to justify termination; respondent has made genuine efforts but is constrained by collective agreement, reduced funding and debt; SSAG calculations supported continued support; therefore spousal support should continue at $1,250 per month and the termination and alternate relief regarding FMEP enforcement on retirement were denied.

Court Disposition

Applicant's motion dismissed; spousal support continued

Orders

  • Application to terminate spousal support dismissed
  • Spousal support to continue at $1,250 per month payable by Doriano Domirti to Janice Domirti