Karen Pelletier

The wife brought a motion to change seeking retroactive and ongoing high-range spousal support due to her deteriorating health.

The husband, a doctor, sought to terminate spousal support due to his impending retirement.

The court found that both the wife's increased medical expenses and the husband's retirement constituted material changes in circumstances.

The court reduced the husband's spousal support obligation for a two-year transitional period, after which support will terminate when the wife turns 65.

The wife's claim for retroactive support was dismissed due to her delay and the hardship it would cause the husband.

The husband's life insurance obligation was also reduced to reflect the remaining support payable.

The moving party father brought a motion to change 2011 and 2013 final orders to increase his parenting time with the parties' 11-year-old child and to allow the parenting time to take place in Montreal.

The father had historically exercised his parenting time inconsistently and made material misrepresentations to the court regarding his living situation.

The court found no material change in circumstances and held that, given the child's strong preference to maintain the status quo in Ottawa and the father's inconsistent involvement, varying the orders was not in the child's best interests.

The motion to change was dismissed.

Following a motion dealing with custody, access, child support, and spousal support, the court determined the issue of costs.

While success on the motion was largely divided, the respondent was successful on the significant issue of spousal support.

The court rejected the respondent's argument that the applicant's decision to litigate in French was unreasonable or warranted higher costs.

After considering the offers to settle and the principles of family law costs, the court ordered the applicant to pay $4,000 in costs to the respondent.