The appellant husband appealed a trial judgment regarding the interpretation of a separation agreement and an award of retroactive spousal support.
The trial judge had found the agreement valid, interpreted it to include the equal division of the husband's RRSPs, and awarded $30,000 in retroactive spousal support.
The Divisional Court allowed the appeal, finding that while the agreement was binding as an interim measure, it did not oust the equalization provisions of the Family Law Act and did not include the RRSPs.
The court also set aside the retroactive support award because the trial judge failed to address the necessary legal considerations.
The matter was remitted to trial.
