James N. Eastwood

On a motion to change the children's primary residence pending trial, the court considered whether the existing status quo should be disturbed on an interim basis.

Although the responding parent had repeatedly failed to comply with access orders and exposed the children to parental conflict, the court held that the untested affidavit record did not clearly and unequivocally establish that the status quo residence was contrary to the children's best interests absent an assessment recommending an immediate change.

The motion was not dismissed, but was adjourned on seven days' notice with strict interim conditions requiring school attendance, compliance with access, and full information-sharing concerning the children's medical care, education, and well-being.

Costs were left to submissions if not agreed.

The applicant husband brought a motion to change seeking to terminate his spousal support obligation following his involuntary termination and subsequent retirement.

The respondent wife sought a modest reduction but argued support should continue, suggesting the husband draw on his RRSP capital.

The court found a material change in circumstances and imputed $20,000 in RRSP income to the wife to match the husband's necessary withdrawals, preventing an inequitable depletion of his assets.

Finding the parties had roughly equal assets and the wife had sufficient income capacity, the court terminated spousal support effective December 31, 2017, and ordered the wife to repay $14,355 in overpaid support.

The applicant brought a motion to change a final order for spousal support following his retirement from the Ontario Provincial Police.

The court found that the applicant's retirement constituted a material change in circumstances that was not foreseen in the original order.

Applying the rule against double dipping, the court limited the applicant's income for support purposes to the non-equalized portion of his pension.

The court also imputed income to the respondent based on her ability to generate income from equalized assets.

Spousal support was reduced to $1,050 per month and a fixed termination date was set for October 31, 2021.