How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)?
British Columbia, Canada
The following excerpt is from Garrow v. Garrow, 1998 CanLII 4165 (BC SC):
In Walji v. Walji Estate, [1995] B.C.J. No. 1899 (S.C.)(Q.L.), Blair J. dealt with s. 51(1) [now s. 65(1)] of the Act which authorized the court to divide property into shares fixed by the court where the division of property under a marriage agreement would be unfair. He held that a settlement arrangement achieved through minutes of settlement followed by a consent order is not an agreement to reapportion under s. 51 of the Act and went on to find that the action was res judicata. It was not open to the parties to re-litigate the matters addressed in the divorce action.
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