Law360 Canada ( August 5, 2026, 9:34 AM EDT) -- Appeal by appellant from an order dismissing his application to reduce spousal support payable under a separation agreement. The parties separated after a long marriage during which the appellant was the primary income earner and the respondent was a stay-at-home parent. They settled their financial issues and later executed a separation agreement (agreement). The agreement required the husband to pay monthly spousal support of $18,500 and permitted either party to apply for a variation upon a material change in financial circumstances. Before the agreement was signed, the appellant advised the respondent that his income was expected to decline significantly in 2024 and sought to renegotiate support. In 2024, the appellant’s income decreased substantially as companies from which he derived management income reduced or ceased payments. He applied to reduce his support obligations, arguing that his income had fallen from the levels used to calculate support and that this constituted a material change in circumstances. The judge dismissed the application, finding that the parties contemplated the reduction in income when the agreement was signed and therefore no material change occurred. The appellant argued on appeal that the judge used the wrong baseline date, improperly focused on the execution date rather than the effective date of the agreement, erred in admitting into evidence the without prejudice correspondence, and failed to recognize that the subsequent decline in income constituted a material change. The respondent argued that the relevant date for the material change analysis was the execution date of the agreement....