PELECH: VARIATIONS ON A THEME
AbstractThis article reviews the aftermath of the Supreme Court of Canada's 1987 "trilogy" of decisions on spousal maintenance. The author examines the inconsistencies arising from divergent interpretations of Pelech, Caron, and Richardson, focusing on the courts' attempts to make sense of the test of a "radical change in circumstances causally connected to the marriage". The questions confronting the courts include: whether or not Pelech must be confined solely to cases decided under the Divorce Act 1968? whether Pelech applies to maintenance variation applications pursuant to provincial legislation? whether Pelech applies at first instance or for interim support or to cancel arrears of support? and finally, whether disabled spouses and payor spouses must also satisfy the Pelech test? The author suggests that the answer to each of these questions may depend on which judge is sitting on a particular day. A single answer must await definition and structure of the concept of "radical change" and of the equally confusing doctrine of "causal connection".
Download data is not yet available.