The appellant appealed a trial judge's decision that structured settlement annuity payments received by the appellant should be treated as property rather than income under the Family Law Act.
The trial judge had found that the annuity payments fell within the definition of property and were not excluded property under section 4(2)3 of the Act, and therefore should not be treated as income for spousal support purposes.
The Court of Appeal allowed the appeal, holding that structured settlement annuity payments should be treated as income, not property, for purposes of the Act.