Aquilini Divorce Reaches Settlement and Highlights the Benefits of Out-of-Court Settlements

The high profile divorce of Canuck's co-owner Francesco Aquilini has been settled out of court on the eve of trial. Click here for CBC's report. As with all cases, but particularly high profile cases which may attract more readers, an out-of-court settlement is desirable and it maintains the privacy of the parties. Divorce cases can result in substantial disclosure of private information into the public domain. Many people are surprised to discover that even a chambers application can result in a publicly reported decision that can be accessed and read by anyone with a computer. The only way to keep this information out of the public domain is to reach a settlement, as Courts are reluctant to grant orders prohibiting public access to a Court hearing or result. 

In addition, courtrooms are generally accessible to the public. Anyone who is not a witness in a trial is welcome to come and sit through a trial or hearing, where the details of someone's greatest life challenges are brought out in this public forum. The new Family Law Act that came into force on March 18th of this year encourages out of court settlement, and privacy concerns are just one reason. Out of court settlement, if possible, is considered in the best interests of the parties, as litigation is not only a massive financial burden for the parties to bear, but it often causes such substantial damage to the relationship between the parties that future cooperation, especially with respect to children, is compromised. 

At Paine Edmonds we always strive to reach an out of court settlement wherever possible.