The parties cohabited for four years and were married for three.
The appellant wife suffered from various health problems and eventually became completely disabled and unable to work.
Upon separation, the trial judge and Court of Appeal denied her permanent spousal support, finding no compensatory basis or contractual agreement for support.
The Supreme Court of Canada allowed the appeal, holding that the Divorce Act and provincial legislation recognize three bases for spousal support: compensatory, contractual, and non-compensatory.
Even where a spouse has not suffered economic disadvantage caused by the marriage, a mutual obligation of support may arise from the marriage relationship itself, entitling a sick or disabled spouse to support based on need and the other spouse's ability to pay.
