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nd Discussion Questions

Case

Stadnyk v$.$ Dash, $2007$ SKQB $443$

This case involves the question of whether an interspousal contract was formed between Deanna Stadnyk, the petitioner, and Ted Dash, the respondent, who lived together for $10$ years prior to separating.

On July $5,2007,$ Dash's lawyer received a proposal for settlement, which requested a response to the proposal within $10$ days. Dash was out of the province at the time, and some time passed before his lawyer was able to obtain instructions. Dash's lawyer replied on August $15,2007$ with an acceptance of the proposal, but Stadnyk's lawyer was on summer vacation, so the petitioner was not made aware of the correspondence of August $15$ until early September. In the intervening weeks, Stadnyk had reconsidered the offer made on July $5$ and instructed her lawyer to revoke it$.$

The position of Dash, the respondent, was that an agreement had been reached by virtue of his lawyer's letter sent August $15,$ accepting the offer proposed by Stadnyk; therefore, revocation was not an option available to the Stadnyk.

For Stadnyk's part, she contended that either Dash's acceptance was not made within the time prescribed for the offer or that, alternatively, the offer was revoked. Regardless, Stadnyk submitted that no settlement agreement was

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