RECORDING

Please note: the English recording appears first, followed by the French recording, as the session was delivered with simultaneous interpretation.

Anderson v. Anderson 2023 SCC 13 recontextualized the principles which emerged from Miglin v. Miglin 2003 SCC 24, in relation to requests to uphold or set aside specific provisions of Domestic Agreements/ Contracts. The reframing of the Miglin principles and the use of Anderson within the framework of provincial legislation enabling the judiciary to disregard or set aside specific provisions of an Agreement has had, and will continue to have, a significant impact on the jurisprudence related to Domestic Contracts in New Brunswick. This session will explore the ways in which Anderson has already impacted decisions of this nature in New Brunswick and prospectively, how this seminal case will guide and govern Domestic Contracts within the context of the Marital Property Act.

Chair:

Speakers:

CHAIR

Emily Wooder MacLeod, Carleton Law Group

SPEAKERS

Hon. Justice Danys Delaquis, Court of King’s Bench of NB

Hon. Justice Michelle Boudreau-Dumas, Court of King’s Bench of NB

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CPD

This session may be eligible for up to 1.5 hours of mandatory continuing professional development.