The applicant brought a Motion to Change seeking to vary a 2005 order regarding spousal support and pension division.
The respondent brought a motion to dismiss the applicant's Motion to Change under Rule 1(8) of the Family Law Rules, arguing that the applicant had failed to obey a 2007 order requiring her to reimburse him for support overpayments.
The court found that the applicant's non-compliance was willful and that her underlying claims lacked merit, as the pension administrator correctly applied the Pension Benefits Act in determining she was not a spouse entitled to survivor benefits.
The court granted the respondent's motion and dismissed the applicant's Motion to Change.