The claimant’s position is that the provisions of the marriage agreement precluding entitlement to spousal support are unenforceable, based on an application of the principles set out in Miglin v. Miglin (2003), 2003 SCC 24 (CanLII), 1 S.C.R. 303, and that in any event there is a genuine issue with respect to the enforceability of the marriage agreement that cannot be resolved on this interim application.
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