Simon Lahaie

The parties divorced and entered into a separation agreement providing for spousal and child support.

The respondent later applied to vary the support orders under s. 17 of the Divorce Act, arguing that the appellant's cohabitation with a new partner and the child's independence constituted material changes in circumstances.

The trial judge dismissed the application regarding spousal support, finding the cohabitation was foreseeable.

The Court of Appeal reduced spousal support based on a presumption of self-sufficiency.

The Supreme Court of Canada allowed the appeal, restoring the trial judge's order for spousal support, as the cohabitation was known at the time of the agreement and did not constitute a material change.

Child support was cancelled as the child was now married and independent.

The applicant sought an order for interim maintenance pending her appeal to the Supreme Court of Canada.

The respondent challenged the jurisdiction of a single judge to hear the application.

Sopinka J. held that a single judge has jurisdiction under s. 65.1 of the Supreme Court Act to make such an order.

However, on the merits, the application was dismissed because an order for interim maintenance pending appeal requires exceptional circumstances or a substantial change in circumstances, neither of which were present.