The parties divorced in 1984 and the husband was ordered to pay spousal support, which was varied to $2,000 per month in 1991.
In 2008, the husband applied to terminate spousal support, citing his retirement and a market downturn that negatively impacted his assets.
The trial judge reduced support to $1,500 per month, and the Court of Appeal further ordered that support be gradually reduced and terminated.
The Supreme Court of Canada allowed the wife's appeal and restored the 1991 order.
The Court held that the husband failed to establish a material change in circumstances under s. 17(4.1) of the Divorce Act because he provided no evidence of his financial circumstances at the time of the 1991 order, nor did he prove that his investment losses were crystallized rather than temporary market fluctuations.
