In an unusual move, the ONCA remitted the matter back to the motion judge to determine whether
a retroactive change in support was necessary, the date of retroactivity, and the quantum of support payable.
Not exact matches
But it also includes measures that the Opposition Parties may not want to
support; for example; the increase
in annual Tax Free Savings Account contribution limit;
changes to the sick leave provisions of federal employees; and
retroactive legislation to protect the RCMP from possible criminal charges with respect to the destruction of data under the Access to Information Act.
The wife found out and successfully brought an application for
retroactive and ongoing spousal
support, on the basis that the husband's re-employment constituted a material
change in circumstances.
In light of these
changes, the mother brought a motion for an adjustment to the Guidelines
support amount, making it
retroactive to January 2006.
In January 2014, Sandra issued her application seeking
retroactive spousal
support to July 1, 2013, on the basis that Stanley's re-employment (he had found a new job) represented a material
change under the Agreement.
Keywords: Family Law, Child
Support, Spousal
Support, Imputing Income, Federal Child
Support Guidelines, ss 16 - 20, Variation, Material
Change in Circumstances,
Retroactive Reduction, Willick v Willick, [1994] 3 SCR 670, D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, [2006] 2 S.C.R. 231, 2006 SCC 37, Kerr v Baranow, 2011 SCC 10