Emily Banks

The applicant sought to set aside a marriage contract executed in St. Lucia the day before the parties' wedding.

The court determined that Ontario law applied to the contract.

Although the contract met the formal requirements of the Family Law Act, the court found grounds to set it aside under section 56(4).

The respondent failed to disclose significant assets, including his pension and real property, the applicant did not understand the nature or consequences of the contract, and she signed it under duress related to her immigration status.

The court exercised its discretion to set aside the agreement due to substantial unfairness in the bargaining process.

The applicant sought an adjournment of a combined Settlement Conference/Trial Management Conference because a business valuation was not completed.

The court noted that the applicant had ample time to retain a valuator but failed to do so until shortly before the conference.

The adjournment was granted, but the court awarded costs of $470 to the respondent due to the applicant's failure to be ready to proceed.