2 total
Motion to terminate spousal support dismissed; voluntary early retirement and re-partnering did not constitute material changes.
The respondent brought a motion to change a 2008 consent order, seeking to terminate or reduce his spousal support obligations due to his planned retirement at age 62, his remarriage, and the applicant's re-partnering and turning 65.
The applicant opposed the motion and sought a retroactive increase in support based on the respondent's post-separation income increases.
The court found that the respondent's voluntary retirement, the applicant's age, and the parties' new relationships did not constitute a material change in circumstances.
The court also dismissed the applicant's claim for retroactive support, noting the support was needs-based.
Both the motion to change and the request for retroactive increase were dismissed.
Stay pending appeal denied in family support enforcement dispute.
The appellants sought a stay pending appeal of a family law order rejecting a variation application, maintaining support at $5,000 per month, fixing arrears, and requiring assignment of a second mortgage as security.
Applying the stay pending appeal test, the court held there was no sufficient showing of irreparable harm and that the balance of convenience favoured the respondent.
The court also noted concerns about the merits and the moving party's unilateral reduction of support payments contrary to the existing order.
The stay motion was dismissed, security for costs was refused, and motion costs were fixed in favour of the respondent.
