Supreme Court

IN THE SUPREME COURT OF NOVA SCOTIA 

Orrin Irvin Lewis Works (Petitioner)

-and-

Rhonda Elaine Works (Respondent)

Justice Douglas L. MacLellan                    Pictou, Nova Scotia                                                                        1205-001689

                                                         L I B R A R Y     S H E E T

                                                [Cite as:  Works v. Works,  2002 NSSC 159]

HEARD:           May 23, 2002                           DECISION:      June 19, 2002

WRITTEN RELEASE:   June 19, 2002

SUBJECT:                               Family Law - Divorce - Unilateral Mistake  - Enforcement of oral agreement entered into prior to hearing. 

SUMMARY:                             Parties came to agreement with assistance of legal counsel just prior to divorce hearing.  Part of agreement was that husband would convey his interest in matrimonial home to wife in settlement of her claim for spousal support.  Husband’s interest valued at $15,000.00 and marriage was for 15 years.  Husband was advised by his lawyer prior to the agreement that he would be able to claim the $15,000.00 as a tax deduction.  Later discovered that he could not do so and refused to sign Minutes of Settlement.  Wife applied to enforce the oral agreement.

ISSUE:                         Should mistake in legal advice allow the husband to refuse to conclude the oral agreement.

RESULT:                                  Husband bound by agreement.  No evidence that wife’s counsel was aware that husband was assuming he would get tax relief.  Bogue v. Bogue [1999] 1 R.F.L. 5^th (213), Ontario Court of Appeal applied.