The appellant wife appealed a trial judgment interpreting the spousal support provisions of a marriage contract.
The contract required spousal support to be varied annually based on the greater of the proportional change in the husband's employment income or his total income from all sources.
The trial judge interpreted this to mean the greater proportional change, whether positive or negative, which could result in the wife receiving no support if the husband ceased employment.
The Court of Appeal allowed the appeal in part, holding that the variation provision must be interpreted in the context of the entire contract and the parties' intentions, meaning the variation should provide the wife with the greater amount of support.
The appeal regarding the minimum support provision was dismissed.
