What is the test for ending spousal support under a review clause in a separation agreement?

In Roberts v. Beresford, a former husband applied under a review clause in a separation agreement for an order to bring spousal support to an end. The separation agreement, which had been entered into about seven years earlier, dealt with the sharing of the assets of the marriage, spousal support and child support. In the meantime, the former wife embarked upon a successful career, re-married and was living comfortably. Her former husband’s career was also successful, and his earnings increased over the years. The trial judge ruled that the spousal support obligations should cease, and that decision was upheld on appeal. Donald J.A. for the court said, at para. 20: Assuming, as the judge found here, that the payee has been adequately compensated for the disadvantages of the marriage and its breakdown and, in terms of fortune and career, is no longer in need of support, then the goal of the Divorce Act has been achieved and the payor is free of the obligation to provide further support. The appellant’s reasoning really amounts to a claim of a property interest in the respondent’s income earning capacity, an entirely novel concept not contemplated in the property division scheme in the provincial Family Relations Act, and constitutionally doubtful as a principle under the federal Divorce Act.