The applicant brought a motion to change a final order for spousal support following his retirement from the Ontario Provincial Police.
The court found that the applicant's retirement constituted a material change in circumstances that was not foreseen in the original order.
Applying the rule against double dipping, the court limited the applicant's income for support purposes to the non-equalized portion of his pension.
The court also imputed income to the respondent based on her ability to generate income from equalized assets.
Spousal support was reduced to $1,050 per month and a fixed termination date was set for October 31, 2021.
