Majority
The judgment of the Court was delivered orally by
McLachlin J.
McLachlin J. ‑‑ This is an appeal from an order of a trial judge declining to vary support agreed to under a separation agreement. The wife was successful in both courts below. No error in the findings or reasoning of the trial judge has been established. The trial judge found that the separation agreement was final. No unforeseen or radical change in circumstances from those contemplated at the time of the separation agreement was demonstrated. It is therefore unnecessary to consider the issue of whether, had such change been demonstrated, that change need be causally connected to the circumstances of the marriage, or if so, was demonstrated on the evidence in this case to have been causally connected; it would be unwise to do so since she was not represented by counsel at the hearing in this Court, and we did not have the benefit of a factum or submissions from her.
We would dismiss the appeal with costs.
Judgment accordingly.
Solicitors for the appellant: Cuelenaere, Kendall, Fisher, Gaucher, Katzman & Duncan, Regina.
Solicitors for the respondent: Merchant Law Group, Regina.