Appellant
Respondent
This case involves civil litigation regarding the enforceability of a domestic contract for dividing family property without independent legal advice or financial disclosure. The key legal question was whether the Miglin framework (from Miglin v. Miglin, 2003) applies to assess the contract's enforceability under Saskatchewan’s Family Property Act (FPA).
Background: The parties, after a three-year marriage, signed a separation agreement stating that each would retain property in their name except for the family home and household goods. The agreement was drafted without financial disclosure or legal counsel. The husband later sought to invalidate the agreement, arguing it was unfair and signed under duress.
Lower Courts' Decisions:
Supreme Court Decision:
Successful Party:
Supreme Court ruled in respondent’s favor, upholding the enforceability of the agreement.
Total Monetary Award:
The court ordered Diana Anderson to pay $43,382.63 to James Allan Anderson.
Court
Supreme Court of CanadaCase Number
39884Practice Area
Civil litigationAmount
$ 43,383Winner
RespondentTrial Start Date
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