What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years?

British Columbia, Canada


The following excerpt is from Daemore v. Von Windheim, 2011 BCSC 1523 (CanLII):

A related set of principles is based on the failure of a spouse to take active steps towards economic self-sufficiency. In Olsson v. Olsson, [1992] B.C.J. No. 2516 (S.C.), the court denied an application for interim support made nine years after the parties separated from a seven-year marriage: In my view it is not the mere fact of delay on the part of a spouse but rather what that spouse has done during the period of delay which is of the greatest significance. The court, in considering a support order, must bear in mind the obligations of the parties to take reasonable steps in an attempt to achieve economic self-sufficiency within a reasonable period of time. It is my opinion that if for a very long period of time following separation a spouse fails to make reasonable efforts towards economic self-sufficiency and is content to rely upon the support of others or upon social assistance that spouse may be denied support. I am further of the opinion that where the applicant has delayed bringing an application for support for a very long period of time, as in this case, she ought to put forward evidence as to what steps she has taken in an attempt to become selfsufficient and as to why she has been unable to do so.

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