E. Cohen

The applicant husband brought an originating application to terminate his spousal support obligations following his voluntary early retirement at age 63.

The parties had previously executed a separation agreement providing for $6,000 per month in spousal support, which was silent on the issue of retirement.

The court held that the husband's voluntary retirement did not constitute a material change in circumstances that would justify deviating from the separation agreement.

The court also rejected the husband's argument that continuing support would constitute impermissible double-dipping.

Spousal support was ordered to continue indefinitely at a reduced quantum of $1,200 per month, retroactive to the date the husband unilaterally ceased payments.

The moving party father sought to vary a 2008 child support order, requesting a retroactive adjustment to 2009 when the children began living in a shared parenting arrangement, and reimbursement for overpayments.

The court found a material change in circumstances but limited the retroactive adjustment to three years prior to the motion due to the father's delay in pursuing the matter.

The court ordered the responding party mother to pay $6,000 in retroactive support and adjusted ongoing support obligations to reflect the children's attendance at post-secondary institutions away from home.

The mother's request to extend support obligations to second or third degrees was denied.

The parties settled all outstanding issues regarding custody, access, and child support on the eve of trial and signed Minutes of Settlement.

The issue of costs was preserved for written submissions.

The applicant sought costs of $52,128.70, while the respondent argued for no costs.

The court dismissed the applicant's request, finding that it is inappropriate to award costs based on a settlement where there is no clear successful party or judicial fact-finding on the merits.

No costs were awarded to either party.