What is the effect of undue influence on the husband through the independent legal advice received by the wife?
Manitoba, Canada
The following excerpt is from Ross v. Ross, 1984 CanLII 2924 (MB CA):
I do not interpret the learned trial judge as suggesting that undue influence on the part of the husband persisted through the independent legal advice received by the wife. I am reasonably certain that the learned trial judge was of the opposite conclusion. If the agreement were the product of undue influence, it would be invalid, and could simply be ignored by the learned trial judge, and Scollin J. would be free to make whatever disposition he considered reasonable. He did not follow that course. Instead, he invoked Katz v. Katz under the mistaken belief that it was a parallel case involving a variation of maintenance in the face of a separation agreement.
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