The applicant sought to set aside the spousal support terms of a 2010 Minutes of Settlement and Consent on the grounds of uncertainty, duress, undue influence, and unconscionability, and sought retroactive spousal support.
The court found that the claims to set aside the agreement were not statute-barred.
However, the court dismissed the claims on their merits, finding no evidence of duress, undue influence, or unconscionability.
The court also declined to override the agreement under the Miglin framework, finding that the agreement substantially complied with the objectives of the Divorce Act.
The respondent was ordered to pay the outstanding balance of $8,780.00 owed under the Consent.
