The appellant wife appealed a trial judge's order fixing spousal and child support arrears at $15,000 instead of the $50,000 claimed.
The trial judge had reduced the arrears on the basis that the wife did not pay tax on the support payments and would receive a windfall, and that she had delayed in enforcing the arrears.
The Court of Appeal allowed the appeal, finding that the trial judge erred in her tax analysis, as the lump sum payment of arrears would still be taxable in the wife's hands.
The Court also found that the wife's delay in enforcement did not amount to acquiescence.
The arrears were fixed at $50,000.
