Digest: Elder v Elder, 2018 SKQB 263

• Date: October 18, 2019

Reported as: 2018 SKQB 263

Docket Number: DIV 819/15 JCS , QB18254

Court: Court of Queen's Bench

Date: 2019-10-18

Judges:

• Tochor

Subjects:

• Family Law � Spousal Support � Interim � Variation
• Civil Procedure � Queen�s Bench Rules, Rule 7-2

Digest: The parties separated in 2015. In 2016, a Queen�s Bench judge ordered the respondent to pay interim spousal support of $3,500 per month to the petitioner and interim spousal support of $800 per month for the one child still living with the petitioner. The respondent applied for summary judgment pursuant to Queen�s Bench rule 7-2 and s. 15.2 of the Divorce Act to terminate his obligation to pay spousal support effective July 2018 or to reduce support to $1,250 per month to the end of June 2020 as well as an order eliminating the arrears of spousal support arising from the 2016 order. The respondent argued that his spousal support obligation should be ended or reduced because his income had decreased substantially since the order was made when it was $200,000. The petitioner opposed the application on the ground that the respondent had not provided adequate disclosure, including his 2016 and 2017 personal tax returns and his 2016 corporate tax return. The respondent said that he had not filed his personal returns because he could not afford to pay his accountant to prepare his corporate return.
HELD: The application was dismissed. The court could not determine child or spousal support under the Act without adequate information regarding the parties� incomes and the defendant had failed to provide such information and he was obliged to do so regardless of whether he believed he could not afford to pay his accountant. Without the necessary evidence, the court could not fairly resolve the issue on a summary judgment application under the Queen�s Bench rules.

Federal Statutes Considered:

• Divorce Act, RSC 1985, c 3 (2d Supp), s 15.2
• Divorce Act, RSC 1985, c 3 (2d Supp), s 15.2(4)

...