Stephanie L. Doucet

Following a trial on a motion to change where the applicant was awarded spousal support, the court determined the issue of costs.

The applicant sought $27,000 in costs, while the self-represented respondent made no submissions.

The court found the applicant was the successful party and acted reasonably, whereas the respondent's conduct was unreasonable.

After considering the factors under Rule 24(12) of the Family Law Rules, the court awarded the applicant $20,000 in costs, but declined her request to make the costs payable directly to Legal Aid Ontario.

The applicant brought a motion to change a 2011 consent order that provided for time-limited spousal support, arguing that her deteriorating physical and mental health constituted a material change in circumstances.

The court found that the applicant's severe health issues, including PTSD and schizoaffective disorder, prevented her from achieving self-sufficiency and were not contemplated at the time of the original order.

The court varied the order to extend spousal support for an additional 13 years at $2,100 per month, but dismissed the applicant's alternative claim to set aside the original agreement on grounds of unconscionability and duress.