What is the impact of having the threshold issue of the validity of the Marriage Contract decided first?

Ontario, Canada


The following excerpt is from Schulman v Ganz, 2015 ONSC 3254 (CanLII):

I am not persuaded that having the threshold issue of the validity of the Marriage Contract decided first will prejudice the applicant. A bifurcated trial may significantly reduce costs for both parties. As indicated, it is likely that many issues will be resolved or that the issues will be narrowed. Depending on the result regarding the validity of the Marriage Contract, it is also likely that the parties will engage in serious settlement negotiations so that all issues are resolved. Similarly, as stated by Gordon J. in Dillon v. Dillon, [2013] O.J. No. 5744 at para. 35, there is more potential prejudice to the applicant if he proceeds with a trial on all of the issues. If the applicant is successful on the first trial he will likely receive a significant cost award. If he is unsuccessful on the validity of the Marriage Contract issue, his exposure to a cost award is minimized. He would face a much larger exposure to a cost award if he is unsuccessful on the lengthier trial.

Other Questions


Does a marriage contract have a greater duty of good faith and fair dealing than a traditional marriage contract? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
Can issue estoppel prevent parties from re-litigating issues previously decided in another court proceeding? (Ontario, Canada)
What is the test for valid marriage under s. 31 of the Marriage Act? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
What is the impact of a long-term marriage on the provisions of the Marriage and Divorce Act? (Ontario, Canada)
What is the difference between a domestic contract and a marriage contract? (Ontario, Canada)
Can an application for interim spousal support be granted in spite of the validity of the marriage contract? (Ontario, Canada)
Does having the father present his case first, including evidence presented by the father and his witnesses, result in the mother’s counsel eliciting information from the mother without first putting the issue to the father? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.