The applicant brought a motion to strike evidence from the respondent's affidavit, alleging mediation/settlement privilege and non-compliance with the Family Law Rules.
The evidence related to an alleged separation agreement concerning spousal support waiver and share division.
The court ruled that the existence and enforceability of such an agreement are trial issues, not to be determined on interim motions for spousal support or disclosure.
The respondent was ordered to remove privileged and non-compliant materials and to confine his evidence for the substantive motions to whether the applicant has established a prima facie case that no enforceable agreement exists.
