The appellants appealed the dismissal of an application to vary a spousal support term contained in a divorce judgment incorporating minutes of settlement with a non-variation clause.
The appellant relied on reduced income and the respondent’s bankruptcy as material changes in circumstances under s. 17 of the Divorce Act.
The court held that the alleged changes were either immaterial or foreseeable at the time of settlement, and that the application judge’s conclusion attracted appellate deference.
Subject to deleting one paragraph of the judgment on consent, the appeal was dismissed with costs.
