What is the test for a variation order in a case brought by a woman with mental health issues?

British Columbia, Canada


The following excerpt is from Story v. Story, 1989 CanLII 5317 (BC CA):

I agree with the arguments made by counsel for the respondent and would dismiss the appeal for the following reasons: 1. It is not possible to say that the economic dependence of the respondent at this time is solely the result of her mental illness and not also still the result of the economic pattern of dependency engendered by the marriage. 2. There has not been such a change of circumstances as would permit the making of a variation order, even if Pelech v. Pelech were applicable. 3. The application of Pelech is limited and does not extend to the circumstances in the case on appeal. 4. Marriage gives rise to certain expectations and obligations which increase with its duration and at some point in a long marriage become entrenched.

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