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Canada Case Law

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Family law 2025 BCSC 2451

McConnell v. McConnell

The court set aside support waivers in a separation agreement after finding the claimant misled and pressured the respondent, then ordered spousal and child support.

  • Separation agreement
  • Setting aside agreement
  • Spousal support
  • Child support
  • Retroactivity
  • Independent legal advice
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Family law 2025 BCSC 622

F.C.A.S. v. C.E.S.

The court dismissed a challenge to a post-nuptial marriage agreement, finding no material nondisclosure, no proven exploitation of vulnerability, and no significant unfairness.

  • Marriage agreement
  • Setting aside agreement
  • Procedural unfairness (s.93)
  • Operational/significant unfairness (s.93(5))
  • Spousal support
  • Financial disclosure
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Family law 2024 BCSC 1866

Nicol v. Lau

The court set aside a cohabitation agreement in relation to the Naramata property project, awarded the claimant $105,000, dismissed spousal support, and declined to impose a fine.

  • Cohabitation agreement
  • Procedural fairness
  • Significant unfairness
  • Setting aside agreement
  • Property division
  • Spousal support
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Family law 2023 BCSC 55

Eckert v. Garnham

The court set aside a separation agreement after finding the respondent exploited the claimant’s vulnerabilities and the deal was significantly unfair under the Family Law Act.

  • Separation agreement
  • Setting aside agreement
  • Non-disclosure of assets
  • Undue influence
  • Vulnerability in negotiations
  • Independent legal advice
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Family law 2022 BCSC 1774

Setterfield v. Devlin

The court refused to set aside a mediation/arbitration agreement, finding no improper advantage, misunderstanding, frustration, or bias, and stayed the family action.

  • Mediation-arbitration agreement
  • Setting aside agreement
  • Family violence screening
  • Bias of arbitrator
  • Frustration/incapable of performance
  • Legal aid/funding
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Family law 2022 BCSC 306

Priebe v. Baker

The court granted the claimant exclusive occupation of the family residence, finding continued cohabitation impractical and ordering a $60,000 payment and vacant possession dates.

  • Exclusive occupancy
  • Cohabitation agreement
  • Setting aside agreement
  • Practical impossibility
  • Balance of convenience
  • Spousal support waiver
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Family law 2021 BCSC 1602

A.K.K. v. A.S.K.

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.

  • Separation agreement
  • Setting aside agreement
  • Family law act s.93
  • Disclosure obligations
  • Unconscionability
  • Spousal support
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Family law 2021 BCSC 1126

Aujla v. Aujla

The court dismissed an application to set aside or limit a family arbitration agreement, finding no voidable contract grounds, no frustration, and apparent authority to agree to seven hearing days.

  • Arbitration agreement
  • Setting aside agreement
  • Frustration of contract
  • Agency and apparent authority
  • Disclosure
  • Costs
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Family law 2021 BCCA 55

Azanchi v. Mobrhan-Shafiee

Court of Appeal upheld a separation agreement, finding no material non-disclosure, no lack of understanding, no duress, and no voiding reconciliation. The trust-related order was varied.

  • Separation agreement
  • Property division
  • Non-disclosure
  • Setting aside agreement
  • Duress
  • Cohabitation clause
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Family law 2020 BCSC 768

Sidhu v. Chima

Family law child support application concerning variation of a consent order, adult-child support, and s. 7 expenses. The court dismissed most claims but awarded arrears for Mason.

  • Child support
  • Setting aside agreement
  • Adult child support
  • Section 7 expenses
  • Post-secondary education expenses
  • Consent order
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.