Is a lump sum settlement agreement binding the parties to the arbitration process?
British Columbia, Canada
The following excerpt is from Merrell v. Merrell, 1987 CanLII 2946 (BC SC):
To return to the arbitration argument: The respondent submits Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R 801, 7 R.F.L. (3d) 225, [1987] 4 W.W.R. 481, 14 B.C.L.R. (2d) 145, 17 C.P.C. (2d) 1, 38 D.L.R. (4th) 641, 17 N.R. 81, requires the parties here to be bound to the arbitration process because this court may not override the support provisions of a valid and enforceable settlement agreement. In Pelech an agreement setting out a lump sum was incorporated into a divorce decree and the court held that, absent some causal connection between changed circumstances and the marriage, parties should be held to their agreement.
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