Gates v. Gates

[Indexed as: Gates v. Gates]

Hildegard Gates, Appellants v. Larry Vern Gates, Respondent

Ontario Divisional Court

Carnwath, Valin, Epstein JJ.

Judgment: January 2, 2001

Docket: Toronto 1156

Counsel: Julie K. Hannaford, for Appellant Mr. Ballance, for Respondent

Per curiam:

1 When this Court decided Santosuosso v. Santosuosso (1997), 97 O.A.C. 42 (Ont. Div. Ct.), it carefully considered the cases of B. (G.) c. G. (L.) (1995), 127 D.L.R. (4th) 385 (S.C.C.) and Moge v. Moge (1992), 99 D.L.R. (4th) 456 (S.C.C.). The subsequent decision of The Supreme Court of Canada in Bracklow v. Bracklow (1999), 169 D.L.R. (4th) 577 (S.C.C.) dealt with an original application for spousal support, and did not consider [illegible text] variation of support in the face of a [illegible text] settlement agreement.

2 The facts of this case do not warrant a fresh consideration of causal connection that is the basis of the decision in Santosuosso. We all agree the appeal is dismissed. No order as to costs.

Appeal dismissed.