When presented with a valid domestic contract that is clearly unfair, what is the role of the court in determining settlement?
Ontario, Canada
The following excerpt is from Segal v. Qu, 2001 CanLII 28201 (ON SC):
When presented with a valid domestic contract that is clearly unfair, the court faces the conflict between its role in encouraging settlement and its role in responding to claims of unfairness. As Wilson J. stated in Leopold v. Leopold, supra at p. 131: “There appears to be a struggle in the caselaw to find a test for court intervention that is clear and predictable, yet is flexible enough to respond to varied fact situations of clear improvidence.”
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