The applicant brought a motion to vary an interim spousal support order that required the respondent to pay $3,400 per month.
She argued the respondent had misrepresented his income at a case conference after a T‑4 later showed significantly higher income than initially reported.
The respondent contended that a large portion of the reported income consisted of taxable benefits for room and board while working at a remote Nunavut mining site and did not represent actual cash flow.
The court held that the taxable benefits were necessary to allow the respondent to earn his employment income and did not justify revising the interim support amount.
Finding no material change in circumstances, the court declined to increase the interim support and emphasized that interim motions are summary in nature pending trial.
