Law360 Canada ( April 23, 2025, 3:47 PM EDT) -- Appeal by husband from family law trial decision relating to division of family property and retroactive support. The parties had lived in a marriage-like relationship from September 1993 to November 2003, married in November 2003, and separated in September 2014. The wife initiated the proceeding in January 2019, seeking equal division of family property and spousal support. The parties signed a separation agreement (Agreement), which provided the wife with $200,000 for her interest in the family residence and released the parties from further claims. However, the husband sold the property for $1.18 million shortly after, prompting the wife to amend her claim, seeking to set aside the Agreement due to significant unfairness. The trial judge set aside the property division portions of the Agreement under s. 93(5) of the Family Law Act (FLA) as significantly unfair, finding the much higher sale price made the Agreement’s foundation inaccurate. He ordered equal division of family property and assets, awarding the wife an additional $166,852 for her share, as well as retroactive spousal support of $85,018. The husband appealed, arguing among others, that the trial judge erred in not calculating the retroactive support based on his actual 2022 income and by setting aside the Agreement as significantly unfair....