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The court found the employee did not clearly resign, held the failure to recall him after layoff was wrongful dismissal, and awarded six months’ notice.
The court found the decline in the husband's business and income constituted a material change; it fixed the husband's income at $98,967 (2019 tax return) for support purposes and reduced spousal support to $2,600 monthly, retroactive to March 1, 2019; there was no evidentiary or legal basis to impose a termination date; the court lacked jurisdiction to vary the life insurance obligation because it was not ordered as security for support.
Source excerpt
Applicant failed to establish a material change in circumstances: the CRA reassessment and bankruptcy were temporary and ultimately improved his capacity; retirement was not proven and his actions (sale proceeds spent on housing and assuming additional obligations) are inconsistent with an inability to work; evidence regarding separation from his second spouse and obligations to adopted children was insufficient and not shown to be different from circumstances at the time of the Corollary Relief Order; applicant lacked credibility due to inconsistent statements and omissions. As a result, the…
Source excerpt
The Court held the Labour Standards Tribunal's finding that the appellants were terminated on January 23, 2004 was supported by evidence and credibility determinations and did not constitute a patently unreasonable error of fact or an appealable error of law or jurisdiction; accordingly the Court dismissed the appeal and declined to impose personal liability on Daly Snow who was not a party to the Tribunal or the appeal.
Source excerpt
The court ordered spousal support of $4,000 per month for two years, with a review then and no costs awarded to either party.
There was insufficient change in circumstances to vary the termination date or increase spousal support, but the existing arrears must be enforced; therefore the court granted enforcement of arrears, ordered diversion of the husband’s CPP and garnishee of pension and income tax refunds until arrears (plus interest and costs) are paid, and awarded costs of $750 to be added to the arrears and collectible under the Maintenance Enforcement Act.
Source excerpt
Applying the deferential standard of review from Hickey, the Court held the trial judge considered the relevant factors (need, ability to pay, incomes, childcare arrangements, and evidence of expense sharing with the applicant's new partner), made no error in principle or misapprehension of evidence, and did not improperly restrict cross-examination; therefore the spousal support quantum and termination date were not clearly wrong and the appeal was dismissed.
Source excerpt
The court refused to set an immediate termination date for spousal maintenance, but allowed review of its duration after September 1, 2001.
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