James D. Almas

The respondent wife brought a motion to set aside a marriage contract signed the day before the parties' wedding, arguing it was signed under duress, without independent legal advice, and with inadequate financial disclosure.

The court applied the two-step test under s. 56(4) of the Family Law Act and found that the wife failed to establish any of the statutory grounds.

The court held that the wife had sufficient knowledge of the husband's assets, was not under duress, and chose not to obtain independent legal advice despite being urged to do so.

The motion to set aside the marriage contract was dismissed.

Grandparents sought access and later custody of three grandchildren amid significant family conflict, mental health concerns affecting the mother, and competing custody claims by the parents.

Evidence showed the grandparents had long played a substantial caregiving role and provided stability, while the father of one child had disrupted the child’s relationships and misled professionals during a relocation attempt.

The court applied the best interests of the child analysis under s. 24 of the Children’s Law Reform Act, emphasizing stability, sibling relationships, and the children’s emotional needs.

The court found that neither parent was presently capable of safely assuming primary care for the children.

Custody of all three children was granted to the grandparents with structured access for the parents.

The applicant wife sought spousal support 24 years after separating from the respondent husband.

The parties had previously executed an amending agreement that released the husband from paying spousal support.

The court treated the application as a motion to change under the Family Law Act.

Although the court found a material change in the wife's financial circumstances, it concluded that her inability to achieve self-sufficiency was due to her long-standing alcohol addiction rather than any economic consequences of the marriage.

The court found no entitlement to support and held that the wife failed to provide a reasonable explanation for the 24-year delay.

The application for spousal support was dismissed, and a divorce order was granted.