What is the test for a "special provision" in a property settlement agreement?
Ontario, Canada
The following excerpt is from Todoruck v. Todoruck, 2014 ONSC 6983 (CanLII):
The applicant has not established that the separation agreement includes a “special provision”, i.e. one that is out of the ordinary or unusual, replaces the need for ongoing child support and benefits the children. What is critical is whether the provision objectively benefits the children and an important factor to consider is how the level of support in the agreement compares to the support that would otherwise be required under the CSG. Quinn v. Keiper [2007] O.J. No. 3643. Even if the property settlement term was a “special provision”, the applicant has not established that the applicable CSG support would result in an amount of child support that would be inequitable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
What is the effect of minutes of settlement or a settlement agreement containing an express prohibition against a child changing their name? (Ontario, Canada)
Does a plantiff's failure to communicate his acceptance of the Minutes of Settlement and Release in question breach the terms of a settlement agreement? (Ontario, Canada)
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 the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment? (Ontario, Canada)
When redrafting the appeal provision in an arbitration agreement, can counsel for the parties be presumed to be aware of the provisions of the Arbitration Act? (Ontario, Canada)
What is the limitation period for a plaintiff's claim that the sale price of a property was below market value when it was originally agreed to be at the time of the Minutes of Settlement? (Ontario, Canada)
What is the test for a court to determine whether a party to a claim against a property is entitled to sue the property owner? (Ontario, Canada)
Does the Settlement supersede the Agreement of Purchase and Sale? (Ontario, Canada)
Can a union local commence an action for declarations that certain employment agreements and escrow agreements are void? (Ontario, Canada)
