Does the doctrine of res judicata apply in the context of retroactive and ongoing spousal support?
Alberta, Canada
The following excerpt is from CAG v SG, 2012 ABQB 529 (CanLII):
The recent decision of Mr. Justice Graesser in Woito v. Lajoie, 2012 ABQB 103, casts some doubt upon my view of the non‑application of the doctrine of res judicata in this situation. That case involved an application by the husband to cancel arrears of spousal support and to set ongoing support at nil. A decision of the Ontario Superior Court of Justice on April 1, 2009 had resulted in retroactive and ongoing spousal support.
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