What are the implications of the husband’s cross-motion argument in a family law case?
Ontario, Canada
The following excerpt is from Lindsay v. Lindsay, 2021 ONSC 4674 (CanLII):
The husband argues that agreements are important in family law. He argues this as an overarching interpretive principle to guide the analysis on his cross-motion. He cites ¶ 49 of Zavarella v. Zavarella, 2013 ONCA 720 as standing for the proposition that parties are to be encouraged “…to settle their affairs with the confidence that their settlement will not be interfered with lightly”, and “…[a]greements should not be interfered with, except in very narrowly circumscribed circumstances”.
However, the facts in Zavarella v. Zavarella were that the parties actually entered into signed, partial Minutes of Settlement on the first day of a trial. The trial judge’s order then departed from an aspect of the Minutes. The precise issue on appeal was whether the parties should have been held to their entire bargain, taking into consideration some evidence that a mistake may have been made as to one of the terms.
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