Ducharme J.A.

The parties entered into a separation agreement requiring spousal support variations to be dealt with by arbitration.

After the husband stopped paying support, the wife filed the agreement for enforcement under s. 35 of the Family Law Act.

The husband then applied to the Superior Court to vary support and moved under the Family Responsibility and Support Arrears Enforcement Act to prevent the suspension of his driver's licence.

The motion judge held the court had jurisdiction to vary support because the wife sought enforcement under the Family Law Act.

The Court of Appeal allowed the wife's appeal, holding that neither the Family Law Act nor the Enforcement Act supersedes a valid domestic contract's exclusive arbitration provision.

The appellant appealed an order dismissing his application.

The Court of Appeal dismissed the appeal, finding that the appellant was not an 'owner' as defined in the Condominium Act and therefore lacked standing to bring the application.

Costs of $3,000 were awarded to the respondents.