The appellant sought to set aside a negotiated family law settlement agreement reached during mediation, alleging duress and failure to comply with the objectives of the Divorce Act.
The respondent successfully moved for summary judgment to enforce the agreement.
On appeal, the Court of Appeal upheld the summary judgment, finding no genuine issue requiring a trial.
The court applied the Miglin framework and concluded that the circumstances of the negotiation were satisfactory and the appellant failed to show the agreement departed significantly from the objectives of the Divorce Act.