Can a wife repudiate a spousal support agreement for fundamental breach and sue for damages?
British Columbia, Canada
The following excerpt is from Owen v. Owen, 2011 BCSC 1284 (CanLII):
Finally, in Freake v. Freake, 2004 NLCA 39, 50 R.F.L. (5th) 1 at para. 51, Cameron J.A. allowed a wife, in a case where her husband had failed to make spousal support payments contemplated in an agreement, to repudiate the agreement for fundamental breach, terminate future performance, and sue for damages suffered to date.
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