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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Zandbergen v. Craig

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a family law support variation order, holding that paying spousal support beyond the SSAG range was not itself a material change.

• Variation of spousal support
• Material change in circumstances
• Spousal support advisory guidelines (ssag)
• Duration and quantum of support
• Standard of appellate review
• Spousal-support

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L.D.B. v. A.N.H.

Court

British Columbia Court of Appeal

Appeal from a family support variation decision partly allowed. The court remitted only the issue of increasing monthly payments toward arrears and costs.

• Variation of spousal support
• Material change of circumstances
• Vexatious litigant
• Fresh and new evidence (palmer/barendregt)
• Reasonable apprehension of bias
• Case management and procedural fairness

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Clarke v. Clarke

Court

Supreme Court of British Columbia

The court varied a prior spousal support order after child support ended, but rejected the claimed income-change basis and set support at $3,200 per month.

• Variation of spousal support
• Material change in circumstances
• Spousal support advisory guidelines
• Cessation of child support
• Income change
• Disability evidence

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Dahl v. Dahl

Court

Supreme Court of British Columbia

Application to appoint joint experts for spousal-support variation was dismissed because the respondent showed no post-award material change and sought pre-application fact-finding.

• Variation of spousal support
• Joint expert appointment
• Court review of arbitration awards
• Spousal support advisory guidelines
• Financial disclosure and reliability of financial statements
• Variation-of-spousal-support

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Hillier v. Hillier

Court

Supreme Court of Nova Scotia

Court found applicant's retirement effective Dec 31, 2022 was a material change in circumstances made in good faith and not temporary; entitlement to spousal support is non-compensatory (need-based); considering parties' means, assets and prior payments, the Consent CRO should be varied: terminate variable 'top-up' and reduce ongoing monthly support to $1,000 effective January 1, 2023, with final termination of spousal support on April 30, 2025; respondent must undertake financial planning and adjust lifestyle to the reduction and termination.

Source excerpt

• Variation of spousal support
• Material change in circumstances
• Early retirement
• Double recovery
• Spousal support advisory guidelines

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Raschpichler v. Raschpichler

Court

Supreme Court of British Columbia

Application to vary spousal support dismissed. The court held retirement was a material change, but the payee’s ongoing need, the payor’s assets, and historical disclosure issues justified continuing support.

• Variation of spousal support
• Material change in circumstances
• Support from capital
• Pension division
• Financial disclosure
• Variation-of-spousal-support

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Leger v. Leger

Court

Supreme Court of British Columbia

The court refused to end spousal support or cancel arrears, but varied support upward after child support ended. The monthly spousal support was set at $3,964.

• Variation of spousal support
• Cancellation/reduction of arrears
• Spousal support advisory guidelines (ssag)
• Imputed income
• Maintenance enforcement (fmep)
• Costs

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Burns v. Burns

Court

Supreme Court of Nova Scotia

Although the Applicant’s medical discharge from the RCMP constituted a change in circumstances, the Applicant failed to prove termination or variation of spousal support was appropriate: the court calculated Applicant’s 2021 income at approximately $112,179.76 (including grossed‑up tax‑free disability), found the Respondent’s compensatory entitlement remains ongoing due to economic hardship from the marriage, accepted that an exception to the double‑recovery rule applies, and concluded the Applicant retains an ability to pay; therefore the variation application is dismissed.

Source excerpt

• Variation of spousal support
• Change in circumstances
• Compensatory support
• Double recovery
• Income calculation and gross-up of tax-free benefits

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Cartmell v. Cartmell

Court

Supreme Court of British Columbia

On review of spousal support, the court applied the Guidelines and increased support from $1,000 to $1,324 per month, rejecting the requested reduction.

• Variation of spousal support
• Spousal support advisory guidelines
• Compensatory support
• Re‑partnering
• Income imputation
• Review provisions

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