Law360 Canada ( September 25, 2024, 10:48 AM EDT) -- Motion by Branko Skrak ("Branko") to stay the order to pay spousal support to Mirelica Skrak ("Mirelica") pending appeal. Branko submitted that the trial judge erred in finding Mirelica entitled to spousal support as the trial judge failed to consider his age, retirement, and ability to pay in making the support order. He alleged that making a support order of indefinite duration contradicted the "clean break" principle. Further, he claimed that he would suffer irreparable harm if required to pay the $56,000 retroactive spousal support and $550 monthly support as he was already retired and might never recover the amounts from his spouse if the appeal succeeded. Lastly, he argued that his financial loss would be greater than the inconvenience to Mirelica if she could not afford her living situation. Mirelica assumed that the trial judge made the necessary findings of fact based on the evidence at trial and claimed that the trial judge applied the correct test. Further, she submitted that Branko had not demonstrated that he could not afford to pay the support ordered, or that he would suffer irreparable harm if the stay was not granted....