Neither of two amendments detracted from spousal support waiver in original contract

Ontario civil | Family Law | Domestic contracts and settlements | Interpretation

Parties executed marriage contract with mutual release of spousal support. Husband died, and wife's action against estate for spousal support was dismissed. Wife claimed that waiver of support was contingent upon matrimonial home being held in joint tenancy. Wife appealed. Appeal dismissed. Amendments to marriage contract refer specifically to title to matrimonial home, and read together are clear that home would be held in tenancy in common with certain rights to wife upon husband's death. Neither of two amendments detracted from spousal support waiver in original contract.

Lehmann v. Lehmann (2019), 2019 CarswellOnt 6471, 2019 ONCA 357, Doherty J.A., Paul Rouleau J.A., and D.M. Brown J.A. (Ont. C.A.); affirmed (2018), 2018 CarswellOnt 10639, 2018 ONSC 3981, G.E. Taylor J. (Ont. S.C.J.).

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