On a motion for partial summary judgment in a family law proceeding, the respondent husband sought a declaration that a 2011 agreement transferring the wife’s interest in the former matrimonial home remained valid and binding.
The wife sought to set aside the agreement and brought a cross‑motion for temporary spousal support.
The court found no evidence of undue influence and held the agreement was substantively fair, despite the written document omitting reference to consideration paid for the transfer.
Applying the summary judgment principles from the Supreme Court of Canada, the court concluded there was no genuine issue requiring a trial and granted the declaration.
The court also fixed retroactive spousal support arrears and ordered nominal ongoing support due to the husband’s limited income.
