Is inflation a material change in circumstances justifying a variation in a spousal support order made in 2001?
Ontario, Canada
The following excerpt is from Schaldach v. Schaldach, 2015 ONSC 1574 (CanLII):
In addition, I can take judicial notice of the fact that the cost of living has increased substantially since the order was made in 2001. Inflation constitutes a material change in circumstances justifying a variation of a spousal support award: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518. I note, however, that no evidence has been adduced by the Wife as to the precise rate of inflation that has occurred since 2001.
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