Lindsay G. Mills

The applicant brought a motion for summary judgment to declare that Ontario is the proper jurisdiction to determine the issue of spousal support.

The respondent had commenced a divorce action in Pennsylvania but conceded Ontario's jurisdiction over child-related issues.

The court applied the test for summary judgment and found that Ontario had a real and substantial connection to the parties, as the applicant and child had resided there for over two years.

The court granted partial summary judgment, declaring Ontario the proper jurisdiction for all claims raised in the application, including spousal support.

In family law proceedings, the court issued additional reasons following earlier reasons for decision to address an omitted issue relating to life insurance securing support obligations.

The moving party's counsel advised that the court had not ruled on the obligation to maintain life insurance as security for support.

The court clarified that the obligation to maintain life insurance was to terminate on December 31, 2014.

The additional reasons supplemented the earlier decision without altering the substantive support determination.

The applicant sought to terminate his spousal support obligations under a separation agreement following his voluntary early retirement and subsequent reduction in income.

The court found that the applicant's retirement was a reasonable decision and not made in bad faith to avoid support obligations, constituting a material change in circumstances.

To prevent financial hardship to the respondent and promote self-sufficiency, the court ordered a transitional reduction of spousal support to $750 per month for one year, followed by a reduction to $1 annually thereafter.