The parties separated after a marriage under the regime of separation of property.
The husband went bankrupt and was discharged before the wife filed for divorce and claimed a compensatory allowance and lump sum support.
The trial judge awarded the wife $40,000.
The Court of Appeal set aside the award, finding the husband's bankruptcy barred the compensatory allowance and the wife had waived her alimentary claim.
The Supreme Court of Canada allowed the appeal, holding that the bankruptcy discharge did not bar the compensatory allowance claim, as it was not a provable claim in bankruptcy, and the trial judge properly found an alimentary claim was before him.
