The appellant sought division of family property pursuant to Saskatchewan's Family Property Act after the parties executed a separation agreement without independent legal advice or financial disclosure.
The trial judge found the agreement not binding and equalized the family property, ordering the respondent to pay approximately $90,000.
The Court of Appeal applied the Miglin framework and found the agreement entitled to great weight, ordering the appellant to pay approximately $5,000.
The Supreme Court of Canada held that the Miglin framework should not be transposed wholesale into provincial family property legislation, which requires a statute-specific analytical approach.
The Court found the agreement binding and procedurally sound, with no demonstrated prejudice from the absence of legal advice or disclosure.
The appeal was allowed and the family home and household goods were divided as of the date of trial, resulting in a payment of $43,382.63 owed by the respondent to the appellant.
