Can an agreement be overborne where the economic positions of the parties have altered and the terms of the agreement have become unfair?
Manitoba, Canada
The following excerpt is from Ross v. Ross, 1984 CanLII 2924 (MB CA):
In Thompson v. Thompson, supra, Bayda J. suggests that a separation agreement, otherwise unimpeachable might be overborne, where the economic positions of the parties have altered and consequently the terms have become "unfair". I am hesitant to agree, but even if this is right, in the present case there was no dramatic change in the economic positions of the parties.
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