Is it necessary for Lander J. to find a material change in circumstances before determining that spousal maintenance should be increased?
British Columbia, Canada
The following excerpt is from Schmidt v. Schmidt, 1999 BCCA 701 (CanLII):
I will deal firstly with the issue of whether it was necessary for Lander J. to find a material change in circumstances within the meaning of such cases as Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 and Bracklow v Bracklow., 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 before determining that spousal maintenance should be increased. Certainly, if this were a variation proceeding under the Family Relations Act, such a change in circumstances would be a necessary prerequisite to a variation order.
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