Court of Appeal for Ontario

Date: 2018-12-04 Docket: C64825

Judges: Hourigan, Nordheimer and Harvison Young JJ.A.

Between

Sharon Cooper Appellant

and

Donald Camack Respondent

Counsel

Margaret Osadet, for the appellant

Michael Miller, for the respondent

Hearing and Lower Court Decision

Heard: December 3, 2018

On appeal from: The judgment of Justice P.A. Douglas of the Superior Court of Justice, dated December 15, 2017.

Appeal Book Endorsement

[1] The appellant appeals the order of Justice P.A. Douglas, which affirmed the validity of a domestic contract executed by the parties. We see no error in the trial judge's analysis or conclusions. He thoroughly considered and rejected the arguments made by the appellant in support of her submission that the agreement be set aside. On appeal, the appellant advances an argument to set aside the waiver of the right to spousal support based on s. 33(4)(a) of the Family Law Act. That argument was not advanced below and accordingly, we decline to consider it on appeal.

[2] The appeal is dismissed. In the circumstances, we make an order of no costs for the appeal.