What is the quantum of a motion judge’s award for material change of circumstances?

Ontario, Canada


The following excerpt is from Hauer v. Hauer, 2001 CanLII 5790 (ON CA):

Having found a material change of circumstances, the motions judge had a wide discretion to determine the appropriate level of support payable to the respondent based on the factors set out in s. 17(7): Willick v. Willick, supra. Given the level of deference applicable to the motions judge’s determination of this issue, we see no error on his part, in his calculation of the respondent’s needs or otherwise, that would justify us interfering with the quantum of the award. Although the amount of the award is generous in relation to the pre-separation life style enjoyed by the parties, it represents a very small proportion of the appellant’s present income. Moreover, the success of the appellant’s business venture is at least in part a result of work done during the marriage when the appellant benefited from the contributions of the respondent to child care and the maintenance of the household.

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