Heather Saunders

Following a trial on the parties' motions to change, the court determined the issue of costs.

Both parties had exchanged offers to settle prior to trial.

The court found that the trial outcome was more favourable to the respondent than the applicant's offer, particularly regarding spousal support.

The respondent was awarded costs of $6,000, which was discounted to reflect the applicant's positive conduct in advancing the litigation and continuing to pay support.

The applicant father brought a motion to change a 2004 final order, seeking to terminate child and spousal support.

The respondent mother sought retroactive adjustments to child and spousal support, payment of section 7 expenses, and ongoing spousal support due to her inability to work caused by a medical condition (Arnold Chiari malformation).

The court ordered retroactive child support back to 2004 but reduced the quantum due to delay by both parties.

Child support was terminated for all three adult children on various dates.

The court found a material change in circumstances regarding the mother's health and ordered indefinite spousal support of $1,818 per month, imputing a modest income to her based on her real estate asset.

The father was also ordered to pay his proportionate share of section 7 expenses, while the mother was credited for the outstanding equalization payment and interest.