The parties separated and were unable to agree on the treatment of the appellant's workers' compensation benefits for a workplace injury.
The application judge found that the benefits fell within the definition of property under the Family Law Act and should be included in the appellant's net family property.
On appeal, the Court of Appeal held that disability benefits represent income replacement and are more appropriately treated on the same basis as income from employment.
The court concluded that the benefits should be taken into account for spousal support but excluded from the equalization of family property.
The appeal was allowed.
