Is a written agreement between counsel for the spouses valid for purposes of section 60(b) of the Divorce Act?

In argument, counsel for the Respondent accepted that the law is correctly stated by Bowman A.C.J. in Foley v. The Queen.[1]He held in that case that maintenance payments made pursuant to an agreement consisting of letters exchanged between counsel for the spouses are made "under a written agreement" for purposes of paragraph 60(b) of the Act. Some earlier cases which express a different view were decided at a time when the Act required a written separation agreement, and have no application to cases arising under the current wording, which requires only a written agreement as to the payment of maintenance. I have no doubt that a written agreement consisting of letters exchanged by agents of the parties acting within their authority satisfies the words of the present legislation.