The applicant brought a motion for temporary spousal support seeking $4,564 per month pending trial.
The respondent opposed the motion but offered to consent to $2,500 per month.
The court considered the applicant's need and the respondent's ability to pay.
The applicant had not been employed since 2018 and was receiving only Canada Emergency Response Benefit income of $2,000 per month, with monthly expenses of approximately $7,009.
The respondent received monthly income from a structured settlement annuity of $6,850 plus CERB of $2,000, with monthly expenses of approximately $8,748.
The court determined that the applicant had established a prima facie case for entitlement to temporary support and that the respondent had the ability to pay.
The court ordered temporary spousal support of $3,900 per month commencing September 1, 2020, with credit for rent payments already made by the respondent.
