In what circumstances will a judge cancel a prior spousal support order?
British Columbia, Canada
The following excerpt is from McCallum v. McCallum, 2015 BCSC 837 (CanLII):
In Gajdzik, a 60 year old wanted to retire as a heavy duty mechanic after 39 years. His health was a factor in that decision. He applied for an order cancelling a prior spousal support order. The seminal case of Bracklow v. Bracklow 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 was quoted: …There is no hard and fast rule. The judge must look at all the factors in the light of the stipulated objectives of support, and exercise his or her discretion in a manner that equitably alleviates the adverse consequences of the marriage breakdown.
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