How have courts dealt with a husband's motion for summary judgment on a motion to invalidate a binding agreement?
Manitoba, Canada
The following excerpt is from Rayco Homes Ltd. v. Scaletta, 2007 MBQB 260 (CanLII):
Diamond J. referred to Pearson v. Plester and granted summary judgment on the husband's motion. She noted that the husband had satisfied the initial burden of showing that there was a binding agreement, that the wife's lawyer had the requisite authority, and the fact that the wife wasn't happy with the agreement or her lawyer did not affect the validity of the agreement nor give rise to a genuine issue for trial.
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