Vows of Arbitration - Grosman v. Cookson

An Ontario court of Appeal has confirmed that a matter dealt with by family law arbitration will resist invitations to intrude into family law arbitration and will restrict parties to the private arbitration they originally selected. In Grosman  v Cookson (2012) O.J. No. 4203 this matter was dealt with the couple chose mediation to resolve separation issues such as spousal support which indicated if a party wanted to vary support they would apply to mediation/ arbitration. Grosman after some years indicated he was retiring and applied to mediation to vary the support.  The mediation failed and Grosman stopped paying support. Cookson filed the separation agreement with the court as permitted by the Family Law Act. Under this act the separation agreement provisions were deemed to be an order enforceable by (FRO) the Family Law Act. FRO began enforcing and took steps to suspend Grosman's license.

Grosman brought a motion for an order to refrain from lifting his license and to vary spousal support. Cookson responded by bringing a motion for summary judgment. It was ruled by the motions judge that Cookson could not seek the courts assistance to enforce but had no authority to vary. Cookson appealed and the Court of Appeal overturned the motions judge and granted her summary judgment.

Once a support agreement has been filed for enforcement, even if arrived by private mediation or arbitration it can be enforced using the court system. The courts have the authority to enforce a spousal agreement even if the power to vary it lies with an arbitrator.  The parties are simply required to apply for variation in the arbitration process and then apply to the courts for enforcement.

http://www.lawyersweekly.ca/index.php?section=article&articleid=1777 By Sarah Boulby