Is a review of a contract available after consideration of the common law defenses?
British Columbia, Canada
The following excerpt is from Berthin v Berthin, 2015 BCSC 78 (CanLII):
A review of a separation agreement is available after consideration of the common law defenses. This is because s. 65 presupposes the existence of a valid contract (Rick v. Brandsema, 2009 SCC 10 at para. 36). I have found above that the 2010 Agreement was a valid agreement at common law and there was no repudiation by the claimant.
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