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The court dismissed an application to set aside a separation agreement under s. 93 of the Family Law Act, finding no procedural unfairness and no significant unfairness.
The court held that a signed family settlement was a binding agreement under s. 6 of the Family Law Act and refused to set it aside under s. 93 or common law duress grounds.
The court set aside a July 2019 separation agreement and a September 2019 gift letter for duress, finding both were used to pressure the respondent into transferring the family home.
The court dismissed competing applications about a separation agreement because the pleadings did not properly invoke jurisdiction or support the relief sought.
The court held that a requisition attaching a separation agreement properly started the family law case, and dismissed the respondent's procedural objection.
The court found a settlement had been reached but set aside the unwitnessed draft agreement under Family Law Act s. 93(3)(c) because the claimant did not understand its consequences.
The court granted a family-law venue transfer from New Westminster to Kelowna, finding Kelowna substantially more convenient and rejecting unsupported privacy concerns.
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