The respondent, Josephine Anne Shelley, sought an increase in spousal support contrary to an existing separation agreement.
The applicant, John Anthony Shelley, sought a divorce and brought a motion for non-suit against the spousal support claim.
The court applied the two-stage Miglin analysis to determine whether to override the separation agreement.
The court found no fundamental flaws in the negotiation or execution of the agreement, nor any significant departure from the objectives of the Divorce Act at the time of its formation.
The court also found that the current circumstances did not represent a significant departure from the reasonable outcomes anticipated by the parties.
Consequently, Mr. Shelley's motion for a non-suit was dismissed, and Ms. Shelley's application for increased spousal support was dismissed, upholding the terms of the separation agreement.