The moving party sought to vary a spousal support order incorporated from a separation agreement following a substantial reduction in income after job loss.
The agreement fixed spousal support at $2,000 per month until the payor reached age 60 and expressly contemplated a temporary reduction if specific conditions were met, including job loss and income below a defined threshold before a specified age.
The court held that the alleged change in circumstances was not a material change because the possibility of job loss and reduced income had been expressly contemplated by the agreement.
Applying principles from Supreme Court of Canada jurisprudence on variation of support orders, the court concluded that foreseeable events addressed within the agreement cannot ground a variation.
The motion to vary was dismissed, though the parties consented to a temporary reduction for a defined four‑month period.
