In what circumstances will a court grant summary judgment to a husband who rejected the terms of his wife’s divorce agreement?
Manitoba, Canada
The following excerpt is from Sandomirsky v. Leith, 2004 MBQB 159 (CanLII):
In Nault v. Nault, [1991] M.J. No. 93, Goodman J. granted summary judgment to the wife in accordance with the terms agreed to by the parties through an exchange in correspondence between counsel. In rejecting the separation agreement subsequently drafted, the husband had taken issue with two terms relating to property. The main issue for the court appears to be primarily one of the authority of his lawyer, whom he subsequently fired. The court found there was no limitation on the lawyer’s authority known to the wife or her lawyer.
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