April 9, 2024 – Impact of Reconciliation on Separation Agreements

“In Sydor v. Sydor, 2003 CanLII 17626 (ON CA), [2003] 178 O.A.C. 155 (C.A.), Feldman J.A. said at paras. 22-27 that the common law rule is that a separation agreement is void upon reconciliation, “subject to a specific clause in the agreement that would override the common law”. She further noted that “a specific release of all rights to a particular property can be viewed as evidence that the parties considered the disposition of that property final and binding, regardless of what may occur in the future”.

          Miaskowski v. MacIntyre, 2019 ONSC 1872 (CanLII) at 22

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