In the recent Supreme Court case out of Nova Scotia, Coles v Coles, 2020 NSSC 200, due to a material change in circumstance, the Husband sought to vary his monthly spousal support payments and his obligation to maintain a $600,000 life insurance policy. Although a material change was found and support was reduced, the life insurance provision was not allowed to be varied as it was not stated to be security for support pursuant to Section 17(3) of the Divorce Act and thus was a free standing contractual obligation. Consequently, the Court did not have jurisdiction to vary same.
For those interested, the full case is available on CanLii here: http://canlii.ca/t/j8krc
Ronald S. Foster, Q.C. – 1400, 350 7th Avenue SW, Calgary Alberta T2P 3N9
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