Suzanne Côté

The mother was successful in dismissing the father's motion to vary his child support obligations retroactively.

The mother sought costs of $12,975.84, while the father argued each party should bear their own costs.

The court found the mother was presumptively entitled to partial indemnity costs and that her claimed amounts were reasonable, especially compared to the father's legal fees.

The court ordered the father to pay $8,500 in costs, enforceable by the Family Responsibility Office as a child support order.

The applicant sought retroactive and ongoing spousal support pursuant to the Spousal Support Advisory Guidelines despite a separation agreement that effectively eliminated further support through a net disposable income formula tied to child support payments.

Applying the two‑stage test in Miglin v. Miglin, the court examined both the circumstances surrounding the agreement’s formation and whether its continued enforcement remained consistent with the objectives of the Divorce Act.

The court concluded that enforcement of the agreement would be unconscionable because it failed to recognize the applicant’s compensatory and non‑compensatory entitlement arising from career sacrifices, primary caregiving responsibilities, and health issues.

The court found that the parties could not reasonably have contemplated that the agreement would eliminate ongoing spousal support once the respondent regained stable employment.

The court therefore overrode the relevant provisions of the separation agreement and fixed mid‑range SSAG spousal support retroactive to March 1, 2012, while extending the termination date of support.