R. Bradley Hunter

The appellant appealed an order declining to vary spousal support agreed to under a separation agreement.

The Supreme Court of Canada dismissed the appeal, finding no error in the trial judge's conclusion that the separation agreement was final and that no unforeseen or radical change in circumstances had been demonstrated.

The Court declined to consider whether a causal connection to the marriage was required for a change in circumstances, as the respondent was unrepresented and the Court lacked submissions from her.

The appellant challenged the validity of the abortion provisions in section 251 of the Criminal Code, arguing they violated the Charter rights of the foetus.

Before the appeal reached the Supreme Court of Canada, section 251 was struck down in its entirety in a separate decision.

The Court held that the appeal was moot because the underlying legislation no longer existed, eliminating the concrete legal dispute.

The Court declined to exercise its discretion to hear the moot case, citing judicial economy and the need to respect its adjudicative role.

Furthermore, the Court found the appellant had lost his standing to pursue the appeal since the legislative context for his original public interest standing had disappeared.