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Can I make a motion to the courts to have an unjust BJDR settlement set aside if my ex breached the order and incorrect calculations were used to determine Spousal Support?
016 months ago
Dean Bergsma - Peak Family Law (Edmonton) Verified Lawyer
In general, A binding JDR is binding as the parties agreed to be bound by it, and so it cannot be appealed. (see Alberta Court of Appeal decision Keeder v AlGendy, 2020 ABCA 420). The theory is that the parties chose the process and agreed they would not use a full trial, but instead to use the binding JDR process, they cannot opt out of the decision if one party does not like it. I recognize that may not be the answer you wish.
As for your specific circumstances which may be not be covered by the 'in general comment above', you should seek the advice of a lawyer.
116 months ago
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