Is it unconscionable to enforce an agreement orally entered into at the November 26th meeting?

New Brunswick, Canada


The following excerpt is from Poirier v Poirier, 2016 NBQB 215 (CanLII):

For all these reasons, I find that it would be unconscionable to enforce the agreement orally entered into at the November 26th meeting. And, without knowing if and to what extent the agreement departs from the objectives of the Divorce Act and/or the Marital Property Act, I rely on the historical remedy when “a contract was found to be unenforceable because of unconscionability” (Rick v. Brandsema, supra at para. 66) – the agreement is hereby rescinded. V. SUMMARY

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