Family Contracts in Ontario Law

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Questions and Answers

In the 18th and 19th centuries, what was the legal status of equitable settlements drafted by wealthy families regarding marriage?

They were considered binding arbitration agreements.

They had no legal standing despite being drafted. (correct)

They were enforceable only if approved by a judge.

They were fully enforceable in courts of law.

What was the primary basis for the ruling in Balfour v Balfour (1919) that agreements between spouses were not enforceable?

The wife did not provide adequate consideration for the promise.

Such agreements lacked the intention to create legal relations. (correct)

The agreement was not written and signed by both parties.

Public policy concerns prevented judicial intervention in domestic matters.

Which legislative change first introduced recognition of domestic contracts in Canada?

The Married Women’s Property Act.

The Charter of Rights and Freedoms.

Ontario’s Family Law Act.

The Divorce Act of 1968. (correct)

How did the Supreme Court of Canada case M v H (1999) affect the legal landscape of family contracts in Ontario?

It recognized same-sex spousal contracts as enforceable. (B) Signup and view all the answers

According to section 2(10) of Ontario’s Family Law Act, under what conditions can domestic contracts override the Act?

Unless explicitly restricted by the Act, domestic contracts can override it. (C) Signup and view all the answers

Under the Family Law Act (FLA) in Ontario, which aspect of family arrangements cannot be determined or restricted through marriage or cohabitation agreements?

Parenting time or decision-making responsibility for children. (A) Signup and view all the answers

What are the mandatory legal formalities required under section 55 of the FLA for family contracts to be enforceable?

Written contract, signed by both parties, and witnessed. (C) Signup and view all the answers

In the case of Gallacher v Friesen (2014 ONCA 399), what factor did the court emphasize when upholding a separation agreement that was not witnessed?

The court's preference for upholding agreements made in good faith. (A) Signup and view all the answers

If a couple wishes to opt out of the standard property division rules as defined in the Family Law Act, what type of contract would be most appropriate?

A marriage contract or cohabitation agreement. (B) Signup and view all the answers

What is one key difference between a marriage contract and a separation agreement under Ontario's Family Law Act?

Marriage contracts deal with arrangements before or during marriage, while separation agreements deal with arrangements after separation. (A) Signup and view all the answers

Under what specific circumstance, as per Section 56(1) of the Family Law Act, can a court disregard provisions of a domestic contract relating to a child's upbringing?

If the provisions are contrary to the child's best interests concerning education, moral training, or parenting time. (B) Signup and view all the answers

In the context of Section 56(4) of the Family Law Act, what constitutes an 'unconscionable' contract that a court may set aside?

A contract that is so unfair, oppressive, and one-sided as to shock the conscience of the court, often involving a power imbalance. (C) Signup and view all the answers

In Dochuk v. Dochuk (1999), why did the court ultimately uphold the domestic contract despite the husband's non-disclosure of certain assets?

Because the undisclosed assets were deemed insignificant relative to the overall value of the marital property and irrelevant to the wife's decision. (C) Signup and view all the answers

While independent legal advice (ILA) is not mandatory for domestic contracts, what significance does its absence hold in court reviews, particularly in relation to Section 56(4)(b)?

The absence of ILA can be a factor the court considers when assessing the fairness and understanding of the contract by both parties. (D) Signup and view all the answers

In Puopolo v. Puopolo (1986), despite the husband's act of physically threatening his wife with a knife before she signed the agreement, why was the contract ultimately upheld by the court?

Because the wife received independent legal advice before signing the agreement. (A) Signup and view all the answers

What key distinction did Scheel v. Henkelman (2001) establish between Section 33(4) and Section 56(4) of the Family Law Act concerning support provisions in domestic contracts?

Section 33(4) protects against unconscionable circumstances arising after signing the contract, while Section 56(4) deals with contracts unconscionable at the outset. (C) Signup and view all the answers

How does Section 56(5) of the Family Law Act address barriers to remarriage, and what is its significance considering s. 21.1 of the Divorce Act?

Section 56(5) provides a mechanism for courts to remove legal impediments preventing remarriage, mirroring s. 21.1 of the Divorce Act, especially for those without access to the Divorce Act. (C) Signup and view all the answers

In McCain v. McCain & Barton v. Sauvé (2019), what critical principle did the court emphasize regarding domestic contracts and the autonomy of the parties involved?

The court emphasized that while written properly, all contracts should reflect the free will of both parties. (C) Signup and view all the answers

In Virc v. Blair (2014 ONCA 392), what was the main reason the Court of Appeal criticized the motion judge's handling of the case regarding the husband's failure to disclose property value?

The Court of Appeal criticized the motion judge for shifting the burden onto the wife to investigate assets that the husband was legally obligated to disclose. (A) Signup and view all the answers

In Saul v. Himel (1995), concerning a paternity misrepresentation case, why did the court ultimately uphold the domestic contract despite the husband's claim that he was unaware he was not the biological father?

Because the court ruled the husband should have been aware or taken steps to verify whether he was the biological father, and he was responsible to do so. (A) Signup and view all the answers

Flashcards

Best interests of children

A legal standard requiring that decisions affecting children prioritize their well-being.

Section 56(1)

Allows courts to disregard contract provisions that negatively impact children's education or parenting time.

Unreasonable child support provisions

Contracts dealing with child support can be set aside if they contradict established guidelines.

Section 56(4)

Conditions under which courts may set aside domestic contracts, such as lack of disclosure or unconscionability.