The respondent brought a summary judgment motion to dismiss the applicant's claim for spousal support, arguing she had grossly repudiated their 50-year common law relationship by placing him in a long-term care facility.
The court found no genuine issue requiring a trial and utilized its fact-finding powers under Rule 16 to determine the spousal support claim on a final basis.
The court rejected the respondent's argument that the applicant's conduct was unconscionable under s. 33(10) of the Family Law Act.
Finding the applicant entitled to support, the court ordered the respondent to pay $722 per month in accordance with the Spousal Support Advisory Guidelines to equalize the parties' net disposable incomes.
