What is the effect of a variation order on spousal support when the issue is reviewed by the court on January 17th of 1997?

British Columbia, Canada


The following excerpt is from Threlfall v. Trelfall, 2001 BCSC 1592 (CanLII):

In Schmidt v. Schmidt [1999] B.C.J. No. 2757 (B.C.C.A.), the order under consideration provided that “the issue of spousal support will be reviewed by the court on January 17th, 1997”. On appeal from the decision made as a result of an application held pursuant to that order, Prowse J.A. said at para. [8]: In my view, it is clear from the April, 1996 order giving rise to the June 1997 proceedings before Mr. Justice Lander that the nature of the proceeding before him was not a variation proceeding. Rather, it was a proceeding to review the relevant circumstances of the parties to determine whether an increase, or decrease, in spousal maintenance was warranted.

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