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Judicial review Motion allowed
The applicant brought a motion to set aside specific provisions of a 2017 consent order, particularly those related to property and the matrimonial home, while seeking to preserve the spousal support release.
The applicant argued lack of independent legal advice, lack of understanding, and unconscionability.
The court dismissed the motion, finding no evidence of fraud, mistake, or unconscionability.
The judge emphasized the judicial oversight present when the consent order was made, distinguishing it from a domestic contract, and reiterated the high bar for setting aside final judgments, concluding the applicant's motion was a case of "buyer's remorse."
