Originally presented at the 2024 Joint Family Law Program.

This is a thorough review of the 2023 SCC decision in Anderson v. Anderson which considered how courts should approach the validity of a domestic “kitchen table” contract, when it opts out of a provincial property scheme but does not meet statutory requirements to be presumptively enforceable. The presenters outline the principles to take away from Anderson, which includes a statute-specific approach to considering domestic contracts. Practical advice is given on what this decision means for Manitoba.