Medical Benefits and Severing a Divorce

Baginski v Baginski, 2018 ONSC 525

Facts

After seventeen years of marriage, the parties separated. Upon separating, the parties signed a Separation Agreement resolving all financial issues resulting from the breakdown of their marriage. There were only two outstanding issues not resolved: incidents of parenting and divorce.

Notably, one of the clauses of the Separation Agreement held that the wife could obtain a divorce on an uncontested basis, which stipulated that either the husband would withdraw his answer or the wife would obtain a