Tuesday, April 19, 2022

Simran Bakshi on Family Law: Unconscionable Agreements vs. Unconscionable Result: When may a Domestic Contract be Set Aside

While domestic agreements are intended to provide a degree of certainty as to the parties expectations in the event of a separation, provisions waiving support may not be enforceable if unconscionable in its effect.  As the Court in Scheel v Henkelman, 2001 CanLII 24133 (ON CA) stated, "an agreement which was fair and reasonable when it was signed, may, through circumstance that occur in the future, result in unconscionable circumstances at the time of a support application".

- Simran Bakshi, Toronto
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