How have the courts in B.C.C dealt with a dispute in a personal injury case?

British Columbia, Canada


The following excerpt is from Jenkins v. Jenkins, 1987 CanLII 2952 (BC SC):

The learned judge recited a long line of cases dealing with these and other problems, each of which adopted the following passage from the reasons of Anderson J. in Dal Santo v. Dal Santo (1975), 21 R.F.L. 117 at 120 (B.C.S.C.): It is of great importance not only to the parties but to the community at a whole that contracts of this kind should not be lightly disturbed. Lawyers must be able to advise their clients in respect of their future rights and obligations with some degree of certainty. Clients must be able to rely on these agreements and know with some degree of assurance that once a separation agreement is executed their affairs have been settled on a permanent basis. The courts must encourage parties to settle their differences without recourse to litigation.

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