The applicant sought partial summary judgment to dismiss the respondent's claim to set aside a cohabitation agreement.
The respondent argued the agreement should be set aside due to unconscionability, undue influence, duress, and inadequate financial disclosure, stemming from alleged coercive control during their 18-year common law relationship.
The court found that there was a genuine issue requiring a trial, particularly concerning the credibility of the parties and the nature of their relationship, which could not be resolved on a paper record.
The applicant's motion for summary judgment was dismissed.
