The applicant sought retroactive spousal support following separation, arguing the respondent failed to disclose a significant increase in income after securing temporary employment in 2012.
The court reviewed the governing principles for retroactive spousal support, including the recipient’s needs, the payor’s conduct, delay, and potential hardship, as articulated in appellate jurisprudence and the Supreme Court of Canada.
While the court criticized the respondent’s failure to provide timely financial disclosure and his reckless spending, it found the applicant’s modest needs had largely been met through various payments and living arrangements.
Given the respondent’s advanced age, lack of assets, and limited future income, a retroactive award would impose undue hardship.
The court therefore dismissed the claim for retroactive support but ordered ongoing spousal support consistent with the Spousal Support Advisory Guidelines.
