Kelly D. Jordan

The parties separated after 14 years of marriage and executed a comprehensive separation agreement that included a full and final release of spousal support.

The wife later applied for spousal support under s. 15.2 of the Divorce Act.

The Supreme Court of Canada held that the strict threshold from the Pelech trilogy no longer applies under the 1985 Divorce Act.

Instead, courts must apply a two-stage test, examining the circumstances of the agreement's formation and whether it still reflects the parties' intentions and substantially complies with the Act's objectives at the time of the application.

Applying this framework, the Court upheld the separation agreement and dismissed the wife's claim for spousal support.

The appellant father, earning over $945,000 annually, appealed a child support order requiring him to pay the Table amount of $10,034 per month for his two children.

He argued that the Table amount was inappropriate under s. 4 of the Federal Child Support Guidelines and that the word 'inappropriate' allowed for downward variation.

The Supreme Court of Canada held that 'inappropriate' means 'unsuitable', granting courts discretion to increase or decrease Table amounts for high-income earners.

However, the Court found a presumption in favour of the Table amounts and concluded the appellant failed to demonstrate that the trial judge abused her discretion in awarding the Table amount in this case.