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On a Miglin analysis, the court gave little weight to a separation agreement waiving spousal support and ordered arrears, ongoing support, and divorce.
The court set rehearing directions on a remitted spousal support application, allowing the 2018 record to be supplemented with current financial information.
Appeal partly allowed in a family support dispute: the spousal support issue was remitted for reconsideration under Miglin, while the child support ruling was upheld.
The Court of Appeal upheld the trial judge's findings that the separation Agreement could not be set aside under s.56(4) FLA because there was no nondisclosure, lack of understanding, or unconscionability sufficient to invalidate it; however, applying the Miglin two-stage test under s.15.2 of the Divorce Act the trial judge correctly found the spousal support waiver did not substantially adhere to the objectives of the Divorce Act and that circumstances at application represented a significant departure from the parties' expectations, justifying a modest lump sum spousal support award. The ap…
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The court set aside a change order ending spousal support, finding the recipient was vulnerable, lacked clear understanding, and had not truly consented.
The court granted a divorce and found the separation agreement’s $800 monthly spousal support term inadequate, ordering $2,000 per month from April 1, 2012.
The Court of Appeal varied a consent order only in part, extending spousal support for three years but upholding increased child support for the adult child.
The Separation Agreement of December 2006 was enforceable and not unconscionable; the father failed on the balance of probabilities to show inequality or undue pressure and therefore his application to vary the agreement (including the van loan allocation) was dismissed; the son is a 'child of the marriage' under the Divorce Act due to disability and ongoing university studies, and the mother was ordered to contribute $480 every four weeks for weekend attendant care until May 2010 plus a $5,000 lump sum payable after the son completes university; Corollary Relief Judgment to incorporate the t…
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Interim spousal support was dismissed because the applicant lacked evidence of current needs and means. The court noted the agreement and guideline issues required trial evidence.
The appeal was dismissed because the court found the application judge properly applied the Miglin test and that documentary disclosure was adequate; the appellant's failure to personally review disclosed documents or to obtain legal advice did not render disclosure inadequate.
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