Allan M. Goldstein

Following a motion to change seeking termination or reduction of long‑term spousal support, the court addressed costs after the responding party successfully defended the support order.

Although the court found a material change in circumstances due to the recipient’s failure to pursue employment, it declined to reduce support and noted the payor had been paying less than the Spousal Support Advisory Guidelines suggested.

The court held the responding party was the successful party and had beaten a prior settlement offer.

The court also considered the moving party’s incomplete financial disclosure and unreasonable settlement offers.

Full recovery costs were awarded to the responding party.

The father sought permission to travel outside Canada with the three children and to obtain their passports without the mother's consent.

The mother opposed the application, alleging the father intended to permanently remove the children to Somalia.

The court dismissed the mother's jurisdictional motion challenging whether the proceeding should have been commenced by motion to change rather than application.

On the merits, the court found that it was in the best interests of the children to permit travel with the father and to allow him to obtain passports without maternal consent, subject to specified conditions including notice requirements and a prohibition on travel to Somalia.