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Set aside the BJDR settlement if my ex failed to provide full disclosure, "breached the terms of the BJDR order", and "incorrect calculations were used to determine Spousal Support" Shouldn't he have to face consequences for these actions
Can you give us more details about what he didn't provide, how he breached the order, and what was incorrect?
One of the conditions/limitations of a binding JDR is that they can't be appealed. They're very rough justice, intentionally different than a full trial. Usually it's expected that you obtain financial documentation prior to the hearing. That said, there are some circumstances which would warrant varying an order.
07 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
This is the type of situation that benefits from a thorough legal analysis, not a public forum. I strongly encourage you to speak to a lawyer in a private and confidential setting to get advice specific to your circumstances.
This may be a situation where setting aside would be appropriate, if there was "material misrepresentation" or even fraud. On the other hand, it may be a situation where you are seeking to modify the terms on a newly discovered "material change of circumstances." Perhaps it is a matter of enforcing the terms, and adding enforcement mechanisms and penalties for failure to comply.
As you can tell by the fact that my brief answer is longer than your question, there is much, much more to unpack and consider here.
Please contact a lawyer.
07 months ago
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