Canada Case Law

Volcko v. Volcko

Court

Supreme Court of Nova Scotia

Court found a material change in circumstances (recipient reached OAS eligibility, recipient's compensatory claim is diminishing, payor's income increased substantially and payor's retirement is not imminent) and concluded recipient retains compensatory and non-compensatory entitlement but those claims will predictably diminish by June 30, 2027; accordingly the Court varied the order to continue spousal support at the existing quantum until June 30, 2027, at which date the payor's obligation terminates.

Source excerpt

• Variation of spousal support
• Compensatory support
• Non-compensatory (needs-based) support
• Self-sufficiency
• Termination date for support

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A.A. v. Z.Y.Z.

Court

Supreme Court of British Columbia

The court terminated spousal support where the payment period exceeded the marriage length, the recipient received a pension, and the payer’s income had fallen.

• Termination of spousal support
• Change in circumstances
• Pension-triggered review (s.169)
• Saag duration test
• Self-sufficiency of recipient
• Spousal-support

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Houlihan v. Houlihan

Court

Supreme Court of Nova Scotia

The payor's retirement followed employer termination, was not an attempt to avoid obligations, and caused a substantial, long-lasting reduction in income that was not contemplated at the time of the original CRO; accordingly it constituted a material change in circumstances permitting variation and justifying termination of spousal support effective September 30, 2023, with child support confirmed terminated December 2, 2015, and amendment of the CRO as ordered.

Source excerpt

• Variation
• Material change in circumstances
• Retirement
• Termination
• Self-sufficiency

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Richards v. Mader

Court

Supreme Court of Nova Scotia

Court found a material change in circumstances (both parties remarried, respondent eligible for CPP/OAS, and respondent has not made reasonable efforts toward self-sufficiency) that diminished the respondent's compensatory entitlement; accordingly the spousal support order was varied to a nominal payment of $1.00 per month for four years (commencing Feb 24, 2023) with termination thereafter unless materially varied; effective date of change for variation is the filing date of the variation application (Aug 23, 2021); the court excluded weight of the applicant-retained expert for lack of demon…

Source excerpt

• Change in circumstances
• Compensatory spousal support
• Self-sufficiency
• Repartnering/remarriage
• Imputation of income
• Expert witness admissibility

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Spence v. Spence

Court

Supreme Court of British Columbia

The court varied a spousal support consent order after the respondent lost long-term employment and received severance, then imposed a stepped-down support schedule.

• Variation of support order
• Material change in circumstances
• Severance as income
• Imputation of income
• Self-sufficiency
• Fmep security release

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Bryant v. Gordon

Court

Supreme Court of British Columbia

The court reduced spousal support from $1,800 to $1,200 per month and set termination for July 1, 2022, after finding no ongoing entitlement to indefinite support.

• Review order under divorce act s.15.2
• Spousal support advisory guidelines
• Self-sufficiency
• Compensatory and non-compensatory support
• Imputation of income
• Duration and termination of support

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Oddou v. Mpega

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a support review, holding the chambers judge properly weighed self-sufficiency and made no palpable error.

• Self-sufficiency
• Imputation of income
• Review of support orders
• Standard of review
• Compensatory support
• Misapprehension of evidence

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Forster v. Forster

Court

Supreme Court of British Columbia

The court held the payor owed spousal support at the contractual rate until retirement, then ended support on retirement, with arrears owing for the reduced payments.

• Variation of support
• Retirement
• Self-sufficiency
• Enforcement
• Corporate income attribution
• Spousal-support-variation

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Cowan v. Metcalfe-Cowan

Court

Supreme Court of Nova Scotia

Because the original Corollary Relief Judgment provided for review under s.15.2 and the Respondent, although possessing a history of gainful employment, has not made adequate, sustained efforts to achieve self-sufficiency, the court ordered targeted assistance: a one-time third-party payment up to $10,000 to fund an LPN refresher/upgrade course if commenced by Sept 30, 2021, and maintained periodic spousal support of $2,300/month until Jan 1, 2024 when it will terminate absolutely; costs denied.

Source excerpt

• Review orders vs variation
• Self-sufficiency
• Lump sum for retraining
• Termination of support
• Section 15.2 review
• Section 17 variation

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Volcko v. Volcko

Court

Nova Scotia Court of Appeal

The appeal is dismissed. The hearing judge did not err: she correctly found a material decrease in the appellant's income but reasonably concluded the appellant retained the ability to pay and the respondent's compensatory claim was not exhausted; she properly weighed s.17(7) factors (including self-sufficiency) and acted within discretion entitled to appellate deference; she correctly declined to rule on tax classification of arrears as that dispute with CRA and Tax Court is outside the Family Court's proper role; and she did not err in awarding no costs below. Appellant must pay costs on ap…

Source excerpt

• Spousal support variation
• Material change of circumstances
• Self-sufficiency
• Periodic vs lump sum characterization of arrears
• Costs
• Functus officio

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