Deference to Trial Decisions Overturning Prenuptial Agreements pursuant to Epshtein v. Shvartzman, 2026 ONCA 162
- Jared Davies, Lawyer
- Jan 31
- 2 min read
The Ontario Court of Appeal’s decision in Epshtein v. Shvartzman is a short but useful reminder of a basic appellate principle: where a trial judge sets aside a domestic contract under s. 56(4) of the Family Law Act, appellate courts will rarely interfere. Trial judges are granted significant deference.
Background
The parties signed an agreement prior to marriage. On separation, the issue was whether that agreement governed their property rights.
The application judge concluded that:
The agreement was not an enforceable domestic contract, and
In any event, it should be set aside under s. 56(4)
The judge then ordered an equalization payment of approximately $132,000.
The Appeal
The appellant argued that the judge erred in refusing to enforce the agreement.
The Court of Appeal disagreed and dismissed the appeal.
The Key Point
The Court of Appeal held that:
The findings made by the application judge were open on the record
There was no error of law or principle
There was no palpable and overriding error
That was sufficient to dispose of the appeal.
Why This Case Matters
This decision is best understood as an example of appellate deference, not a substantive reworking of s. 56(4).
The application judge set aside the agreement. The Court of Appeal simply found no basis to interfere with that decision.
An appellate court will generally intervene in a trial decision in two primary ways: where there is an error of law, which attracts no deference, and where there is a palpable and overriding error in the judge’s findings of fact or mixed fact and law. In the absence of such error, particularly where the decision turns on credibility or factual findings, the trial decision is entitled to significant deference and will not be disturbed.
Takeaway
Where a trial judge sets aside a prenuptial agreement under s. 56(4), and the findings are supported by the record, the Court of Appeal will not intervene.
