Cohen v. The Queen, 91 DTC 5239, [1991] 1 CTC 288 (FCTD) -- summary under Paragraph 60(b)

In his separation agreement with his wife, the taxpayer, in addition to agreeing to pay her maintenance of $1,500 per month from 1 November 1980 to 1 November 1982 agreed to pay to her "as maintenance the sum of $25,000 in the following instalments": $10,000 on each of 1 November 1981, 1982 and 1983. The latter three payments were found to be instalments of a capital sum rather than periodic maintenance because the obligation to make them survived the parties and in light of a clause in the agreement which was interpreted as an acknowledgment that the payments were capital payments made in consideration of the renunciation of rights.