“In order to resolve their matrimonial litigation, the parties entered into Minutes of Settlement on July 20, 2005. The relevant parts of the release are set out below:
This release [ . . . ] is a full and final settlement of all issues between Kirk Goodtrack and Soma Ray-Ellis and all rights and obligations arising out of [page396] their relationship between the parties including their marriage, separation and divorce. [ . . . ]
[ . . . ] Kirk Goodtrack and Soma Ray-Ellis hereby release each other from all claims at common law, in equity or by statute against each other, including but not limited to all claims under the Divorce Act, the Family Law Act, and the Succession Law Reform Act (or any successor or similar legislation whereby a spouse or former spouse is given a cause of action against his or her spouse or the spouse’s estate for relief in the nature of support), for spousal support of any kind, possession of property; ownership of property [ … ], division of property, compensation for contributions to property, an equalization payment, interest, penalties, and legal costs.
Kirk Goodtrack and Soma Ray-Ellis each hereby renounces any interest or entitlement either may presently have, or that they may have in the future, in the other’s estate upon the death of the other whether the other dies leaving a valid Will or dies intestate without a valid Will. Without limiting the generality of the foregoing and for greater certainty, Kirk Goodtrack and Soma Ray-Ellis agree that on the death of either party, the surviving party shall not share in the deceased’s estate whether the deceased died testate or intestate, nor shall the surviving spouse act as a personal representative of the deceased’s estate, and the estate of the deceased party shall be distributed as though the surviving party had died first.
Kirk Goodtrack and Soma Ray-Ellis hereby confirm that each remained financially independent of the other following their separation and to this date, each continues to be financially independent of the other, and hereby releases his or her rights to spousal support from the other forever. [ . . . ]
[ . . . ] [Kirk Goodtrack and Soma Ray-Ellis] wish to be allowed to get on with their separate and independent lives, no matter what changes may occur. [ . . . ]
Kirk Goodtrack and Soma Ray-Ellis agree that the terms of the
Agreement and this Release are inextricably linked. [ . . . ]
Soma argues that this release cannot oust the properly executed 1997 designation as the release does not make reference to the LIRA or to any revocation of the 1997 designation. Further, she argues that the payment made by Kirk to Soma ($100,000), by way of global settlement, does not specify that it is an equalization of the LIRA.
I disagree with Soma on both points. First, the release signed by the parties is broad and general and is a mutual release of property. It is not necessary in such releases to provide a specific list of property that is included. It includes all property.
Second, it cannot be the case that the payment to Soma did not include an equalization of the LIRA and in fact all property listed in the 2003 NFP statement.
Even if the NFP statement was out of date or the numbers slightly inaccurate, I do not think that matters. What is clear is that the parties turned their minds to the separation of every aspect of their lives including their property, debts and support claims.”
Ray-Ellis v. Goodtrack et al, 2021 ONSC 3102 (CanLII) at 35-38