Anderson v. Anderson,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Karakatsanis, Andromache; Côté, Suzanne; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud; O’Bonsawin, Michelle |
| Citation | 2023 SCC 13 |
| Docket Number | 39884 |
| Court | Supreme Court (Canada) |
| Date | 12 May 2023 |
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16 practice notes
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Anderson v Anderson,
...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 ......
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Yu v Zhu,
...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......
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Zibell v Zibell,
...within a private family context can hold unequal power and thus be “vulnerable to unfairness and exploitation”: Anderson v Anderson, 2023 SCC 13 [ Anderson] at para 1. For this reason, much of the family law jurisprudence – while acknowledging autonomy and certainty, and the desire for part......
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Albaum v Albaum,
...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......
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13 cases
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Anderson v Anderson,
...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 ......
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Yu v Zhu,
...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......
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Zibell v Zibell,
...within a private family context can hold unequal power and thus be “vulnerable to unfairness and exploitation”: Anderson v Anderson, 2023 SCC 13 [ Anderson] at para 1. For this reason, much of the family law jurisprudence – while acknowledging autonomy and certainty, and the desire for part......
-
Albaum v Albaum,
...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......
Get Started for Free
3 firm's commentaries
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This Month In Nova Scotia Family Law ' May 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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Navigating Family Law Solutions At The Kitchen Table
...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......
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From Kitchen Table To Counsel Table: Taking Separation Agreements All The Way To Ottawa
...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......