The moving party sought to vary a prior order requiring payment of child and spousal support, arguing a material change in circumstances due to loss of employment, reduced income, depression, and loss of a driver’s licence.
The court held that the moving party failed to establish a significant and sustained change in circumstances or demonstrate that his reduced income reflected his true earning capacity.
The medical evidence relied upon was inadequate to establish unemployability and did not meet the standards for expert opinion evidence.
The court maintained the previously imputed income under s. 19(1) of the Child Support Guidelines and declined to vary the support order or cancel arrears.
The motion to vary was dismissed, while the Ministry’s assignment of support arrears relating to social assistance payments was confirmed.
