August 27, 2025 – No Lawyer Does Not Mean Agreement Invalid

“Although it would no doubt further affirm the Minutes if the mother had negotiated through counsel, or obtained ILA, her lack of legal representation does not mean that the Minutes should automatically be set aside. In Pruss v. Pruss, 2000 CanLII 22454 (ON SC), [2000] O.J. No. 3662, the court upheld a separation agreement, despite the wife not having received legal advice. Granger J. noted that she had the knowledge she could obtain advice, and the opportunity to do so (at para. 28). Similarly, in Dereski v. Ellis, 2012 ONSC 5263, [2012] O.J. No. 4961, McEwen J. upheld Minutes of Settlement and the subsequent Order when negotiated by the husband after dismissing counsel. The court reviewed the emails between the husband and his spouse’s lawyer and found that the “give and take” and compromise between the parties suggested he knew the contents of the agreement well, despite not having counsel (at para. 25).”

              Armstrong v. Armstrong, 2021 ONSC 5774 (CanLII) at 44

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