The parties entered into a marriage agreement that kept their property separate, which the respondent signed despite independent legal advice that it was grossly unfair.
After separation, the trial judge and Court of Appeal found the agreement unfair under s. 65(1) of the Family Relations Act and reapportioned the assets, including the appellant's law practice.
The Supreme Court of Canada allowed the appeal, holding that the agreement operated fairly at the time of distribution because the parties' circumstances unfolded exactly as anticipated, and the respondent's economic disadvantage could be addressed through the spousal support preserved in the agreement.
