Canada Case Law

Kasian v. Heiko

Court

Supreme Court of Nova Scotia

The Separation Agreement was set aside because the Co-Applicant did not receive substantive independent legal advice, did not receive complete financial disclosure, and the circumstances of negotiation and execution were fundamentally flawed, rendering the agreement invalid under the applicable statutory framework and jurisprudential tests.

Source excerpt

• Separation agreement validity
• Independent legal advice
• Financial disclosure
• Setting aside agreements
• Child support
• Spousal support

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Barnes-Morrison v. Kolias

Court

Supreme Court of British Columbia

The BC Supreme Court held it had jurisdiction over a family property and spousal support dispute and refused to stay the case in favour of Alberta.

• Property division
• Spousal support
• Jurisdiction
• Choice of law
• Forum non conveniens
• Enforceability of cohabitation agreement

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Parton v. Riecker

Court

Supreme Court of British Columbia

The court held that the claimant could pursue property division and spousal support under the Family Law Act, and dismissed the respondent’s application.

• Family law act interpretation
• Family relations act transition provisions
• Cohabitation agreement enforceability
• Setting aside agreements
• Transitional legislation and limitation periods
• Family-law-act

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Bergevin v. Bergevin

Court

Supreme Court of British Columbia

The court enforced a 2014 family settlement agreement, ordered steps to transfer property and shares, and refused a broad social media gag order.

• Enforcement of settlement agreement
• Setting aside agreements
• Division of family property
• Specific performance/transfer of shares
• Sale of property
• Appointment under law and equity act s.38

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Reiner v. Reiner

Court

Supreme Court of British Columbia

The court dismissed an application to set aside a separation agreement, finding no proven exploitation, material nondisclosure, or significant unfairness.

• Separation agreement
• Setting aside agreements
• Spousal support
• Property division
• Disclosure obligations
• Vulnerability/exploitation

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Liu v. Xu

Court

Supreme Court of British Columbia

The court held a separation agreement was void as a sham, set it aside, and refused to stay the British Columbia family proceeding in favour of Shanghai.

• Jurisdiction
• Forum non conveniens
• Forum selection clause
• Separation agreement
• Sham
• Setting aside agreements

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Young v. Sherk

Court

Supreme Court of British Columbia

The court upheld a separation agreement in part, varied the home-equity clause, and rejected duress, pension, and spousal-support claims.

• Separation agreement
• Setting aside agreements
• Procedural unfairness
• Operational unfairness
• Duress
• Property division

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De Medeiros v. Hodgson

Court

Supreme Court of British Columbia

The court upheld most of a separation agreement between former common-law spouses, but set aside the spousal support clause, rectified a debt credit error, and ended ongoing support.

• Separation agreement
• Setting aside agreements
• Disclosure obligations
• Unconscionability
• Spousal maintenance
• Rectification

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Deboer v. Deboer

Court

Supreme Court of British Columbia

The court dismissed an application to set aside spousal support terms in a separation agreement, finding no proven nondisclosure, undue influence, or significant unfairness.

• Spousal support agreements
• Setting aside agreements
• Disclosure obligations
• Material change in circumstances
• Judicial deference to negotiated settlements
• Spousal-support

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Delege v. Delete

Court

Supreme Court of British Columbia

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.

• Spousal support
• Settlement agreements
• Setting aside agreements
• Family law act s.93
• Enforceability of unwitnessed agreements
• Pension division

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