Anthony Reitboeck

The appellant, Mr. Krebs, appealed a motion judge's decision that a cohabitation agreement with the respondent, Ms. Cote, was of no force and effect.

The motion judge erred by applying the common law rule that reconciliation terminates a separation agreement to a cohabitation agreement, by misinterpreting the parties' intentions, and by concluding that a $5,000 payment exhausted the agreement's terms.

The Court of Appeal held that the common law rule for separation agreements does not extend to cohabitation agreements, as the latter contemplates cohabitation.

Interpreting the agreement holistically, the Court found it was intended to be long-lasting and apply despite separations and reconciliations.

The $5,000 payment was not a triggering event that exhausted the entire agreement.

The applicant children's aid society brought a motion to vary a temporary order that had placed two young children in its care, seeking to place them with the father of the younger child under supervision.

The mother opposed the placement.

The court dismissed the motion to change the primary placement, finding insufficient evidence of the proposed father's suitability and concluding that the least intrusive order consistent with the children's best interests was to maintain the current society care order.

The court did vary the order to restrict the older child's father's access to only his biological child.