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Distinct actions or representations are required in order to waive the strict language of a contract

Discussion: A party can waive the strict language of a contract where, by its actions or representations, it leads the other to believe that those contractual rights will not be enforced. In Tas-Mari ...

Gramma Might Need a Prenup Too

This article considers the not uncommon situation where a senior falls in love with another senior and decides to marry. Both spouses have accumulated assets and have children. One or both may have di...

Is a Waiver a Good Strategy to Protect a Family Business from Marital Breakup?

If a spouse operates or owns a family business, one strategy to protect that business would be to enter into a marriage contract that contains a waiver by the non-owner spouse of the owner spouse’s ...

Marriage Contracts and Child Support

Parties to a marriage contract cannot waive their obligations to provide support for their own children. However, if your spouse has brought children from a previous relationship into the marriage, yo...

Was the Marriage Contract Signed under Duress?

The article discusses the high profile case of McCain v. McCain (currently on appeal to the ONCA). After 15 years of marriage, the spouses entered into a marriage contract under which the wife waived ...

How to Increase the Likelihood that Releases and Waivers in Marriage Contracts will be Enforceable

Marriage contracts and prenuptial agreements may have full release and waiver clauses embedded but they may not be enforceable. Section 33(4) of the Family Law Act in Ontario provides that a court may...
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