[2] Mr. Pilon seeks to have the judgment of Deputy Judge Whitehall overturned. Ms. Lavigne contests this appeal and seeks to have the appeal dismissed, the judgment of Deputy Judge Whitehall upheld and the garnishment that has been suspended against Mr. Pilon be resumed. In the alternative, Ms. Lavigne seeks an order transferring the matter to Family Court for a new trial. Ms. Lavigne also seeks her costs in this appeal on a substantial indemnity basis. FACTUAL BACKGROUND 2016 ONSC 1965 (CanUl) [3] The relevant facts from which this appeal arises are the following. The parties commenced cohabiting in February of 2010. In August of 2010 Ms. Lavigne lent Mr. Pilon the sum of $24,000. A loan agreement was entered into by the parties for that amount which included a schedule (spread sheet) and monthly payments to be paid by Mr. Pilon to Ms. Lavigne on the loan on an ongoing basis with a view to paying the money back. Payments on the loan by Mr. Pilon to Ms. Lavigne were made during the period of cohabitation, although it was found that payments on the loan by Mr. Pilon to Ms. Lavigne were not always made. The parties terminated their cohabitation in October of 2012. It was not disputed that at the time of separation Mr. Pilon still owed the amount of $12,000 on the loan agreement. [4] During their cohabitation the parties jointly purchased the home in which they lived during their cohabitation It was agreed between the parties that Mr. Pilon would sign over his interest in the home to Ms. Lavigne which was in fact done. [5] On October 26, 2012, the parties signed a Separation Agreement effecting the buyout of their joint home. In addition to dealing with the buyout of the joint home, under the title of "Matrimonial Home" (paras. 34 to 41), the Separation Agreement also dealt with topics of spousal support (para. 26 - no spousal support to be paid), debts and obligations (paras. 27 to 29 - each party to be responsible for all debts incurred in his or her name etc.), assets and liabilities (paras. 30 to 31- each party to keep their personal belongings) and liabilities (paras. 32-33 each party to accept sole and exclusive liability for their own personal debts and not to pledge credit for the other). [6] It is not disputed that both parties consulted a lawyer or had an opportunity to consult a lawyer with respect to the Separation Agreement prior to their signing it. It is also not disputed