The parties separated after 14 years of marriage and executed a comprehensive separation agreement that included a full and final release of spousal support.
The wife later applied for spousal support under s. 15.2 of the Divorce Act.
The Supreme Court of Canada held that the strict threshold from the Pelech trilogy no longer applies under the 1985 Divorce Act.
Instead, courts must apply a two-stage test, examining the circumstances of the agreement's formation and whether it still reflects the parties' intentions and substantially complies with the Act's objectives at the time of the application.
Applying this framework, the Court upheld the separation agreement and dismissed the wife's claim for spousal support.
