Anderson v. Anderson, 2023 SCC 13

JurisdictionFederal Jurisdiction (Canada)
JudgeKarakatsanis, Andromache; Côté, Suzanne; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud; O’Bonsawin, Michelle
Citation2023 SCC 13
Docket Number39884
CourtSupreme Court (Canada)
Date12 May 2023
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8 practice notes
  • Anderson v Anderson,
    • Canada
    • Supreme Court (Canada)
    • May 12, 2023
    ...James Allan Anderson Appellant and Diana Anderson Respondent 2023 SCC 13 Present: Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal and O'Bonsawin JJ. DOCKET: 39884 SUPREME COURT OF CANADA Family law — Family assets — Domestic contracts — Parties entering ......
  • Yu v Zhu,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 18, 2024
    ...between the spouses or adult interdependent partners.” The Supreme Court of Canada recently considered this issue in Anderson v Anderson, 2023 SCC 13[ Anderson]. Anderson directs that a Court should consider, inter alia, whether the agreement has procedural integrity and whether it is subst......
  • Albaum v Albaum,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 18, 2024
    ...their own affairs: Hartshorne, at para. 36. Domestic contracts should generally be encouraged by the courts: Anderson v. Anderson, 2023 SCC 13, 481 D.L.R. (4th) 1, at para. 33. There are, of course, circumstances in which a court will not enforce a contract. Courts must be alive to the part......
  • This Month In Nova Scotia Family Law ' May 2023
    • Canada
    • Mondaq Canada
    • June 30, 2023
    ...v. Anderson, 2023 SCC 13 Judge: Justice Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agre......
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3 cases
  • Anderson v Anderson,
    • Canada
    • Supreme Court (Canada)
    • May 12, 2023
    ...James Allan Anderson Appellant and Diana Anderson Respondent 2023 SCC 13 Present: Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal and O'Bonsawin JJ. DOCKET: 39884 SUPREME COURT OF CANADA Family law — Family assets — Domestic contracts — Parties entering ......
  • Arnston v Arnston,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 1, 2023
    ...to their proceedings against each other. These principles were recently discussed by the Supreme Court of Canada in Anderson v Anderson, 2023 SCC 13, in which the Court expressed deference to a non-compliant separation agreement, balancing the values of contractual autonomy and certainty wi......
  • Zaseybida, et Al v Haugen,
    • Canada
    • Alberta Court of Justice
    • June 20, 2023
    ...is an example of what the Supreme Court of Canada has recently described as a domestic contract in the case of Anderson v. Anderson, 2023 SCC 13, at paragraph 25, a decision from May 12, 35 Anderson involved married spouses who separated after a three-year marriage and then executed a separ......
3 firm's commentaries
  • This Month In Nova Scotia Family Law ' May 2023
    • Canada
    • Mondaq Canada
    • June 30, 2023
    ...v. Anderson, 2023 SCC 13 Judge: Justice Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agre......
  • Navigating Family Law Solutions At The Kitchen Table
    • Canada
    • Mondaq Canada
    • March 7, 2024
    ...Court of Canada released a decision recently which dealt with the issue of domestic contracts between spouses (Anderson v Anderson, 2023 SCC 13) in the context of provincial legislation that governs the nature of such Agreements. While the Courts at all three levels of the litigation (based......
  • From Kitchen Table To Counsel Table: Taking Separation Agreements All The Way To Ottawa
    • Canada
    • Mondaq Canada
    • June 30, 2023
    ...Analysis of Anderson v. Anderson, 2023 SCC 13 The Supreme Court of Canada released its decision in Anderson v. Anderson, another important family law decision, on May 12, 2023. In what might be best described as succinct common sense reasons, the Supreme Court held that a Separation Agreeme......

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