Erin O'Leary

The applicant sought to set aside a Separation Agreement executed on October 19, 2023, along with two ancillary documents (Schedule B and an Addendum), on grounds of failure to disclose significant assets, lack of understanding of the nature and consequences of the agreement, duress, lack of consensus ad idem, and unconscionability.

The court found that the respondent failed to disclose the value of his Ontario Teachers' Pension Plan as a divisible asset.

The applicant signed the agreement under economic duress, having committed to an unconditional condo purchase and needing the buyout funds to close.

The agreement was found to be unconscionable, particularly regarding the waiver of spousal support and pension claims.

The court set aside all three documents and ordered that the matter proceed to a second phase to determine equalization of net family property, spousal support, and other outstanding issues.

The parties agreed that the buyout of the matrimonial home at $600,000 would not be disturbed.

The applicant wife sought a divorce and ongoing spousal support, while the respondent husband sought to terminate spousal support and child support for their two adult children.

The court found that the wife had been fully compensated for economic disadvantages arising from the marriage and had made no conscientious effort to become self-sufficient despite receiving support for over 20 years.

Spousal support was terminated.

Child support for the older child was terminated retroactively to the completion of her undergraduate degree, while child support for the younger child was reinstated to allow him to complete his college studies.

The court declined to order a retroactive repayment of child support to the husband to avoid undue hardship.