Ian Bruce

The applicant, Richard Bendall, moved to terminate spousal support payable to the respondent, Arlene Bendall, effective January 1, 2018, citing his retirement and injuries as a material change in circumstances.

Arlene opposed the termination, sought a retroactive increase in spousal support from 2009, and indefinite continuation of support, arguing Richard's retirement was voluntary and she remained in need due to post-separation injuries and illness.

The court found Richard's voluntary retirement constituted a material change in circumstances, was not motivated by a desire to avoid support, and that Arlene's inability to achieve self-sufficiency was primarily due to post-separation health issues rather than economic disadvantages from the marriage.

The court terminated spousal support effective January 1, 2018, and ordered Arlene to repay any amounts received since that date.

Arlene's oral motion to amend her pleading for retroactive support was denied due to delay and prejudice to Richard.

Following an interim motion in a family law proceeding involving custody, parenting time, and child support, the court addressed the issue of costs.

Most substantive issues had been resolved by consent after the involvement of the Office of the Children’s Lawyer, leaving only certain parenting schedule recommendations and interim child support to be determined.

The applicant sought substantial indemnity costs relying in part on an earlier offer to settle that closely resembled the eventual order.

The court held that although the applicant was the successful party and the offer to settle was relevant, the issues were not complex and both parties had acted reasonably.

Costs were therefore reduced to a partial amount considered fair in the circumstances.