Friday, August 24, 2012

Power to vary spousal support may be ousted by arbitration agreement

Grosman v. Cookson, 2012 ONCA 551, released today, holds an arbitration agreement can oust the power of the Court to vary spousal support. The decision is extremely important -- a link is set out below a quotation from the ruling:

[1]         Does a court have jurisdiction to vary the amount of spousal support in a valid separation agreement contrary to an exclusive arbitration provision if the payee spouse files the agreement for enforcement under s. 35 of the Family Law Act, RSO 1990, c. F.3 ("FLA"). In my view, it does not.

Decision here

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