Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage?

Ontario, Canada

The following excerpt is from D’Andrade v. Schrage, 2011 ONSC 1174 (CanLII):

In Saul v. Himel, supra, the parties had entered into a separation agreement requiring the husband to pay support for the four children of the marriage. Three years later a paternity test revealed that the husband was not the biological father of the youngest child. The husband sued the wife claiming damages for fraudulent and negligent misrepresentation. In dismissing the husband’s action, Greer J. found at para. 19 that “separation agreements are more akin to commercial contracts than they are to family settlements.” Thus, by implication, the requirement of uberrima fides would not apply. However, she also found that the action should be dismissed as offending public policy. In doing so she made the following comments, at para. 20: The former husband is effectively saying that every spouse has a duty to tell his or her spouse of any extramarital affair he or she may have had during the marriage. It is unclear whether the former husband thinks that this must be done when it occurs, immediately thereafter, or some time later. Marriage is still a private domain and the public, through the judicial system, should not be involved in scrutinizing the behaviour of spouses in private matters while they are not involved the judicial system.

Other Questions

When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
Does a court order or an agreement regarding contribution to section 7 expenses in a child support case require a party to contribute to the expenses? (Ontario, Canada)
What is the test for a party seeking to escape the effect of an agreement that was entered into the agreement? (Ontario, Canada)
If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient? (Ontario, Canada)
When children cease to be children of the marriage, does the court have jurisdiction to vary child support? (Ontario, Canada)
When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs? (Ontario, Canada)
Does s. 3(2)(b) of the Child Support Guidelines apply to support for an adult child who has ended her relationship with the parent? (Ontario, Canada)
Is a litigation guardian required to approve a partial settlement that includes payment of 15% plus party and party costs to solicitors? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.