Papers from recently run programs are added to the LESA Library each month. The catalogue of 1,400+ papers includes some comprehensive, practical aids you won’t want to miss. Newly added to the LESA Library is Gordon H. Andreiuk’s paper: Applying Anderson v Anderson to Alberta Property-Division Contracts.
Anderson v Anderson, 2023 SCC 13, dealt with the enforcement of a property-division domestic contact. The Andersons lived in Saskatchewan and were married for three years before separating in 2015. Upon their separation, they signed a domestic contract which specified the division of their assets and property.
As lawyers were not involved in this contact, there was no acknowledgment under section 38 of the Saskatchewan Family Property Act. The contract was typed out by the wife, and two of their friends witnessed the contract. After two years, Mr. Anderson decided he did not want to follow the contract and commenced an action for division of family property. The matter was eventually heard at the Supreme Court of Canada.
This paper reviews the principles set out by the Supreme Court of Canada in Anderson, discusses earlier considerations of these principles by Alberta courts, and explores how Alberta courts may apply the Anderson decision.
The paper also includes an appended, caselaw bibliography, sorted and color coded according to type of domestic contract, indicating whether a lawyer was subsequently sued.
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If you are a LESA Library subscriber, either to the Family Law collection or to the complete LESA Library, you can access this paper as part of your annual subscription.
If you are not a LESA Library subscriber, and wish to purchase and download a copy of this resource from the LESA shop, click here.
