How has the Arbitrator interpreted the Separation Agreement in a de novo review?

Ontario, Canada


The following excerpt is from Dunsmore v. Dunsmore, 2018 ONSC 4842 (CanLII):

At paragraphs 17 to 20, the Arbitrator quoted paragraphs 4, 5.4, 5.5 and 5.7 of the Separation Agreement. Under the heading “The Nature of this review and the legal principles of a de novo review” the Arbitrator referred to paragraphs 36 and 39 of Leskun v. Leskun[12] and at paragraph 23, she held as follows: The agreement itself does not speak specifically to the factors to be taken into consideration when trying to achieve the stated objectives of the Divorce Act. I am left instead to look to an overall contextual analysis of the contract to ascertain whet the parties intended. Furthermore, given that silence, and the de novo nature of this proceeding, the appropriate legal principles to be applied are otherwise those found in s. 15.2 of the Divorce Act.

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