Supreme Court

Judge:

The Honourable Justice Carole A. Beaton

Heard:

February 17, 2014 in Halifax, Nova Scotia

Written Decision:

March 19, 2014

Summary:

Four and a half years after divorce, the Applicant payee sought a review of spousal support requesting an increase commensurate with the Spousal Support Advisory Guidelines, to reflect the increase in the Respondent payor’s income post-divorce.

The Respondent sought to continue the current support payment, but with a termination date four years hence.

Issues:

(1)        What, if any, is the appropriate amount of support payable by the Respondent to the Applicant and if support is payable should the SSAG calculation be applied?

(2)        What, if any, is the appropriate termination date for payment of spousal support?

Result:

Keywords:

Legislation:

Cases:

Support remains payable pursuant to the terms of the Corollary Relief Judgement, without adjustment to the quantum.  SSAG shall not be applied.  Spousal support shall terminate when the Applicant turns 65.

Corollary Relief Judgement; Divorce Act; Divorce Act-review; Divorce Act-spousal support; Family; Family-spousal support; Spousal Support Advisory Guidelines.

Divorce Act, R.S.C. 1985, c. 3;

Schmidt v. Schmidt, 1999 BCCA 701

L.(R.) v. L. (N.), 2012 NBQB 123

Leskun v. Leskun, [2006] 1 S.C.R. 920

Bracklow v. Bracklow, [1999] 1 S.C.R. 420

L.E.S. v.M.J.S., 2014 NSSC 34

Fisher v. Fisher, 2008 ONCA 11

Linton v. Linton, (1990), 1 O.R. (3d) 1. (C.A.)

Rondeau v. Rondeau, 2011 NSCA 5