What is the test for an agreement between the petitioner and the principal of the company which employed him?
British Columbia, Canada
The following excerpt is from P.J.A. v. C.G.A., 2004 BCSC 1173 (CanLII):
The plaintiff relies on Hannigan v. Hannigan 2002 BCSC 719, 29 R.F.L. (5th) 69. In that case, McEwan J. held that an agreement between the petitioner and the principal of the company which employed him, to provide him with a 30% share interest in the company, although unexecuted prior to the execution of a Separation Agreement between the petitioner and the respondent, nevertheless gave rise to an entitlement of the petitioner as defined in s. 58(3)(e) and by virtue of the respondent’s indirect contribution to his acquisition of that entitlement, entitled her to an interest pursuant to s. 56(1), notwithstanding a waiver of her interest in the Separation Agreement.
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