The parties entered into a comprehensive separation agreement that was incorporated into a 2003 court order, providing the wife with indexed spousal support with no termination date.
The wife had multiple sclerosis and was unable to work.
In 2007, the husband applied to vary the order under s. 17 of the Divorce Act, arguing the wife should seek employment.
The trial judge and Court of Appeal reduced and terminated support, finding the wife capable of working.
The Supreme Court of Canada allowed the appeal and restored the original order, holding that the proper test for variation under s. 17 is whether there has been a material change in circumstances since the order was made.
As the wife's medical condition had not changed since 2003, there was no material change to justify varying the order.
