“Counsel for Mr. Krane has not asked that spousal support be terminated earlier than the date of my order. By this, I understand that Mr. Krane has recognized his obligation to pay spousal support and Ms. Dryden’s entitlement to it, at least until the completion of the trial. Accordingly, what I am being asked to consider is whether spousal support should be changed retroactively and if so, whether such retroactivity should extend beyond the commencement of the Respondent’s motion. The Ontario Court of Appeal in Bremer v. Bremer [2005] O.J. Nov 608 summarized a number of factors to consider in making this determination:
i) the extent to which the claimant established past need and the payor’s ability to pay;
ii) the underlying basis for the support obligation;
iii) the requirement that there be a reason for awarding retroactive support;
iv) the impact of a retroactive award on the payor and in particular whether a
retroactive order will create an undue burden on the payor or effect a redistribution of capital;
v) the presence of blameworthy conduct on the part of the payor such as incomplete or misleading financial disclosure;
vi) notice of an intention to seek support and negotiations to that end;
vii) delay in proceeding and any explanation for the delay; and
viii) the appropriateness of a retroactive order pre-dating the date on which the application issued.”