Case summary: C.C.A. v. A.G.M.

Case summary of C.C.A. v. A.G.M., 2019 BCPC 145

The case is between C.C.A. and A.G.M. and relates to a separation agreement that was signed between the parties in 2017. C.C.A. is seeking to set aside and replace a clause in the agreement that requires him to pay $2,000 per month in spousal support to A.G.M. for a period of five years. C.C.A. argues that the parties made a common mistake regarding his income at the time of the agreement, or alternatively, the agreement was significantly unfair under the Family Law Act.

The separation agreement was signed in March 2017, following the parties' separation in 2016. At the time of separation, A.G.M. was employed by a fitness club and earning approximately $7,500 per year, while C.C.A. was self-employed and running his own construction company, earning approximately $100,000 per year. The agreement stated that C.C.A. would pay A.G.M. spousal support in the amount of $2,000 per month for a period of five years.

C.C.A. argues that he was mistaken about his income at the time the agreement was signed and that he is unable to pay the agreed amount of spousal support. He claims that his income was significantly lower than $100,000 per year and that he was not able to provide for various costs such as WCB and GST remittances, resulting in significant tax liabilities.

In his judgment, the Honourable Judge W. Lee considers the evidence presented by both parties and concludes that C.C.A. has not met the burden required to set aside the separation agreement. The judge notes that while there may have been a mistake regarding C.C.A.'s income at the time of the agreement, this was not a common mistake that would allow for the agreement to be set aside. Additionally, the judge finds that the agreement was not significantly unfair under the Family Law Act. As such, the judge dismisses C.C.A.'s application to set aside the agreement and orders him to pay the agreed amount of spousal support to A.G.M.

Overall, the case serves as an example of the legal complexities that can arise in family law matters, particularly when it comes to separation agreements and spousal support. It highlights the importance of seeking legal advice and ensuring that all parties are fully informed and aware of their rights and obligations before entering into such agreements.

Full text available at: https://canlii.ca/t/j1b42