The applicant husband brought a non-suit motion to dismiss the respondent wife's claim to set aside their separation agreement and spousal support release.
The court reviewed the test for a non-suit motion in family law, determining it requires assessing whether the claimant has presented a prima facie case.
The court granted the non-suit motion regarding the separation agreement as a whole, finding no prima facie evidence of unconscionability, lack of understanding, or failure to disclose significant assets.
While the court found a prima facie case regarding the spousal support release due to post-separation income disparities, it ultimately dismissed the claim on a balance of probabilities, concluding the release substantially complied with the objectives of the Divorce Act given the wife's informed decision to waive support.
