The parties separated after a 10.5-year relationship.
The respondent, a high-earning cardiac surgeon, continued to deposit his income into a joint account managed by the applicant for seven years post-separation.
In 2008, the parties signed a separation agreement providing the applicant with $29,000 per month in indefinite spousal support.
The respondent sought to set aside the agreement and claim damages for breach of fiduciary duty regarding the applicant's use of the joint funds.
The court dismissed the fiduciary duty claim, finding no such duty existed between the spouses in these circumstances.
While the court upheld the separation agreement as valid under the Family Law Act, it applied the Miglin framework to override the spousal support provisions under the Divorce Act.
The court found the support quantum was based on significant tax defalcation and far exceeded the applicant's entitlement.
Spousal support was terminated after a short transition period.
