The parties divorced in 1969 and entered into a maintenance agreement where the wife accepted a lump sum in full satisfaction of future claims.
The agreement was incorporated into a court order.
Years later, the wife's health deteriorated, she depleted her funds, and went on welfare, while the husband became wealthy.
She applied to vary the maintenance order under s. 11(2) of the Divorce Act.
The Supreme Court of Canada held that where parties have freely negotiated a valid settlement agreement, it should be respected.
The court may only intervene to vary the order if there is a radical change in circumstances that flows from an economic pattern of dependency engendered by the marriage.
Since the wife's hardship was not causally connected to the marriage, the application to vary was dismissed.
