The appellant appealed a trial judge's order requiring him to pay spousal support, arguing that the parties had a valid agreement containing a full and final release.
The Court of Appeal applied the Miglin test and found no basis to discount the agreement, noting the respondent had independent legal advice and there was no significant change in circumstances.
The court set aside the spousal support order and ordered the respondent to repay amounts already received, but upheld the rescission of the respondent's child support arrears and declined to order post-secondary educational expenses.