Is there any chance that this cross-action and appeal will succeed?

Alberta, Canada


The following excerpt is from L.M. v. B.M., 1994 ABCA 325 (CanLII):

I do not think this cross-action and this appeal should succeed. No doubt the husband has disposable funds beyond what the wife thinks is conscionable, but it appears from the record that she retained the occupancy of and her joint ownership of the matrimonial home, substantial child support, all of which supplement a proven earning capacity of her own. It is neither a case for rescission of the settlement nor the award of damages. It is a case that has to be characterized, regrettably, as follows: "The circumstances here give some colour to what I think is the reality behind the efforts that have been made to set aside the judgment now attacked. It may be that the petitioner was badly advised, or that she herself exercised poor judgment, in agreeing to accept the particular sum. But that occasional hardship cannot justify a departure from rules governing the course of courts which are necessary to their proper functioning; and where parties act freely, with full opportunity to ascertain all relevant facts, they must abide by that adjudication of their private quarrel to which they gave their consent." Maynard v. Maynard 1950 CanLII 3 (SCC), [1951] S.C.R. 346, 365, per Rand J.

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