The parties entered into a separation agreement, incorporated into their divorce decree, which provided that spousal maintenance would cease if the wife cohabited with another man for more than 90 days.
The wife subsequently cohabited with another man, and the husband ceased payments.
The wife, who eventually required social assistance, applied to vary the decree nisi to reinstate maintenance.
The Supreme Court of Canada dismissed the appeal, holding that the cohabitation clause was valid and enforceable.
Applying the Pelech test, the Court found no radical change in circumstances related to a pattern of economic dependency generated by the marriage that would justify interfering with the settlement agreement.
