What is the test for enforcing a common law common law agreement?
British Columbia, Canada
The following excerpt is from Azanchi v Mobrhan-Shafiee, 2019 BCSC 1392 (CanLII):
The claimant seeks to invoke a common law principle that if an agreement is never acted upon, then it should not be enforced. He relies on the decision in Aitken v. Aitken, 1999 BCCA 734, where the court did not enforce a separation agreement, stating:
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