B E T W E E N:

Frances Marjorie Houseman

- and -

Jonathan Edward Castle

SEPARATION AGREEMENT

David Screwem Barrister and Solicitor 6 Fake Street St. Catharines, Ontario L3M 1R3

THIS IS A SEPARATION AGREEMENT made on the 21st day of February, 2014.

B E T W E E N:

Frances Marjorie Houseman, of the City of St. Catharines, in the Regional Municipality of Niagara, Hereinafter called the "Wife" OF THE FIRST PART, - and -

Jonathan Edward Castle, of the City of Jordan, in the Regional Municipality of Niagara, Hereinafter called the "Husband", OF THE SECOND PART. 1) INTERPRETATION a) In this Agreement,

i)

"Wife" means Frances Marjorie Houseman, who is one of the parties to this Agreement, whether or not the husband and the wife are subsequently divorced;

ii)

"Husband" means Jonathan Edward Castle, who is one of the parties to this Agreement, whether or not the husband and the wife are subsequently divorced;

iii)

"child" means:

Penny Lisa Castle, born on September 17, 2006 or, Jacob Jonathan Castle, born on April 25, 2009

all of whom are the children of the husband and the wife;

iv)

"cohabit" means to live together in a conjugal relationship, whether within or

outside marriage;

v)

"matrimonial home" means the buildings and lot located at 456 Lois Lane, St. Catharines, Ontario

vi)

"Family Law Act" means the Family Law Act, R.S.O. 1990, c. F.3, or its successor;

vii)

"property" has the meaning given by the Family Law Act;

viii)

"net family property" has the meaning given by the Family Law Act;

ix)

"Canada Pension Plan" means the Canada Pension Plan Act, 1986 or its successors.

x)

"Income Tax Act" means the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) as amended and any successor;

xi)

"Income Tax" and "Income Taxes" includes tax, interest and penalties owing under the provisions of the Income Tax Act and any tax owing under similar Federal or Provincial legislation;

xii)

"Divorce Act" means the Divorce Act, R.S.C. 1985 c. D-3, as amended.

xiii)

"support" includes support, alimony, maintenance or similar allowance, whether

interim, permanent or variable, in this or any jurisdiction;

xiv)

"Guidelines" means the Federal Child Support Guidelines as created and amended

from time to time by Regulation pursuant to Section 69 of the Family Law Act;

xv)

"special or extraordinary expenses" means those child related expenses defined 2

and categorized in the Guidelines and for the purposes of this Agreement shall include such of the costs of a child's post-secondary education (which costs shall include tuition, residence, supplies, equipment and other incidental expenses) as that child cannot afford, provided that each child shall be expected to make all reasonable financial contributions towards these costs as may be appropriate to the ability of each so to do;

b) An Act of the Legislature or Parliament referred to by name will mean that Act in force at the material time and includes any amendment or any successor Act which replaces it.

c) The proper law of this contract shall be the law of Ontario, and this contract shall also be deemed to be valid and enforceable in accordance with the law of any other jurisdiction. The parties intend all of their affairs and property to be governed by this contract and the law of Ontario.

2) BACKGROUND a) This Agreement is entered into on the basis of the following, among other facts:

i) The parties were married on August 22, 2004.

ii) The parties have two children of the marriage as defined by the Divorce Act (Canada), namely Penny Lisa Castle, born on September 17, 2006, and Jacob Jonathan Castle, born on April 25, 2009.

iii) The parties have been living separate and apart from each other since September 14, 2013 and there is no reasonable prospect of their resuming cohabitation.

iv) The husband is employed at PipeFixers Plumbing Inc. and his gross annual income from all sources is approximately Seventy-Five Thousand Dollars ($75,000.00).

v) The wife is employed at Dr. Tooth Dental Office and her gross annual income from 3

all sources is approximately Fifty-Three Thousand Dollars ($53,000.00).

vi) The parties desire to settle by agreement all their rights and obligations which they have or may have with respect to: (1) the custody of, and access to their children (2) the support of their children; (3) possession, ownership and division of their property; and (4) support of each other.

3) AGREEMENT Each party agrees with the other to be bound by the provisions of this Agreement.

4) DOMESTIC CONTRACT Each party acknowledges that this Agreement is entered into under s.54 of the Family Law Act and is a domestic contract which prevails over the same matters provided for in the Act or its successor.

5) EFFECTIVE DATE This Agreement shall take effect on the date it is signed by the last of the husband or the wife.

6) LIVING SEPARATE AND APART The parties shall live separate and apart from each other for the rest of their lives. This agreement to separate is not one of either party acting unilaterally to leave the marriage for any particular cause or incident. Rather, it is a mutual awareness that the marriage has broken down and that it is in their respective best interests to establish separate lives.

7) FREEDOM FROM THE OTHER Neither party shall directly or indirectly molest or disturb or annoy or interfere with the other or the other's business in any manner whatsoever, or attempt to compel the other to cohabit or live with him or her. 4

8) CUSTODY AND ACCESS a) The wife will have custody of the children and their property. b) The ordinary residence of the children shall be with the wife at 92 Milky Way, in the City of St. Catharines. c) The husband will have access to the children (which will include the right to have them stay overnight) as follows: i) Every other Wednesday evening from 4:00 p.m. to 8:00 p.m. ii) Every other weekend from Friday evening at 4:00 p.m. to Sunday at 5:00 p.m. iii) Two non-consecutive weeks during the summer. He is to advise the wife of his choice of weeks in writing by no later than April 1st iv) During the entire spring holiday and Christmas break in every odd-numbered year. He will not exercise his regular access during these holidays in even-numbered years. d) The wife will have the right to have the children the entire spring holiday and Christmas break in every even-numbered year.

9) CHANGE OF NAME The parties hereto agree that neither parent shall apply to change the forename, surname or both, of any child or children of the marriage, without the prior written consent of the other.

10) PASSPORTS OF THE CHILDREN To facilitate convenient travel with either party, any passport obtained for a child shall be in the name of that child (rather than being upon the passport of a party to this Agreement). Each party will give any consent required for such a passport. The passport will normally be kept by the party with whom the child is primarily resident but will be temporarily given to the other party when reasonably necessary for travel with the child outside of Canada.

11) CHILD SUPPORT a) The parties acknowledge and agree that child support shall be payable in accordance with the Federal Child Support Guidelines. 5

b) The parties agree that all sums payable by the husband pursuant to this paragraph shall be deemed to be periodic payments paid pursuant to section 60(b)(c)(c.1) of the Income Tax Act and all amendments and successor legislation thereto and shall not be deductible by the husband from his taxable income and shall not be included in the taxable income of the wife.

c) In the event that the husband claims the child support payments as deductible from his taxable income, he will indemnify and save the wife harmless from any additional tax payable by the wife, including penalties and/or interest.

d) The husband shall pay to the wife for the support of the child on the first day of every month the sum of $1,105.00 per month in accordance with the Federal Child Support Guideline Tables.

e) Child support shall be paid for each of the children until one or more of the following occurs:

i) the child ceases to reside full time with the wife. "Reside full time" includes the child living away from home to attend an educational institution, pursue summer employment, or take a vacation while otherwise maintaining a residence with the wife; ii) the child attains the age of 18 years and ceases to be in full-time attendance at a recognized school, college or university; iii) the child attains the age of 23 years or completion of a 4 year College or University degree, whichever first occurs; iv) the child marries; v) the child dies; vi) the wife dies; or vii) the husband dies.

f) In the event that any one of the children of the marriage are no longer dependent as set 6

out above, the amount of the child support payment shall be varied to the amount designated for two children. When a second child is no longer a dependent, the amount of child support shall be varied to be the amount designated for one child. g) The amount of the child support shall be varied annually on the 1st day of July in each and every year commencing the 1st day of July, 2015 in accordance with the Federal Child Support Guideline Tables and any amendments thereto. The husband shall provide to the wife in each year on or before the 1st day of June, a copy of his personal income tax return and supporting materials for the preceding calendar year in order to fix the amount of child support.

h) The parties acknowledge and agree that the support shall be payable by the husband notwithstanding that there shall be extended periods of access to the children of the marriage by the husband.

i) The husband and the wife shall share special or extraordinary expenses incurred by the wife for or on behalf of the children in proportion to their respective line 150 incomes for the year preceding the year in which such expenses are incurred. Payment shall be made by the husband to the wife upon receipt of appropriate proof of payment.

j) The wife shall be entitled to retain the Child Tax Credit, if any.

k) The parties agree that the husband shall pay interest on any arrears in support payments hereunder pursuant to the provisions of s. 128 and 129 of the Courts of Justice Act.

l) The husband and his personal representatives may make any payment or payments to the wife not provided for herein on an ex gratia basis. No such payments shall be construed to oblige the husband or his personal representative to continue them, nor shall they be pleaded, tendered or given in evidence or raised by way of estoppel by the wife in any legal proceedings between the parties. 7

12)

POST-SECONDARY EDUCATION EXPENSES a) The parties agree that upon the children being accepted for a course of post-secondary school education, the amount of the monthly child support to be paid for the benefit of that child shall be renegotiated. b) The parties acknowledge that they both have an obligation to contribute to the cost, if any, to any post-secondary educational expenses of the children in proportion to their gross annual income (line 150 income).

13) EXTRA-ORDINARY EXPENSES a) The parties agree to share any major or extraordinary expenses relating to the children in proportion to their respective line 150 incomes for the preceding year in which such expenses are incurred, provided that both parties are aware of any such expense prior to any expenditure being made.

b) The parties shall have regard to the nature of the expense itself, their respective financial abilities, whether the expense is necessary and/or in the best interests of the child and reasonable in the circumstances, then considering whether any such expenditure should be made. Neither party will unreasonably withhold consent. If the parties cannot agree, they will use the section of this Agreement entitled, Dispute Resolution to resolve this issue.

c) Extraordinary expenses under the Guidelines are: i) Child care expenses incurred as a result of the custodial parents employment, illness, disability or education or training for employment; ii) That portion of the medical and dental insurance premiums attributable to the child; iii) Health-related expenses that exceed insurance reimbursement by at least $100.00 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and 8

contact lenses. iv) Extraordinary expenses for primary and secondary school education or for any other educational programs that meet the childs particular needs; v) Expenses for post-secondary education; and vi) Extraordinary expenses for extracurricular activities.

14) RELEASE OF SPOUSAL SUPPORT AND MAINTENANCE a) Each of the parties releases and discharges the other from all rights to and claims for spousal support and maintenance that he or she may have under the laws of any jurisdiction and in particular all rights to and claims for spousal support and maintenance that he or she has or may have under the Family Law Act or the Divorce Act or their successors. b) The parties have specifically considered the purposes of an order for support of spouse set out in section 33(8) of the Family Law Act, namely: An order for the support of a spouse should: (i) recognize the spouse's contribution to the relationship and the economic consequences of the relationship for the spouse; (ii) share the economic burden of child support equitably; (iii)make fair provisions to assist the spouse to become able to contribute to his or her own support and; (iv) relieve financial hardship, if this has not been done by orders under Parts I (Family Property) and II (Matrimonial Home). and also the objectives of spousal support orders set out in section 15.2(6) of the Divorce Act, namely, An order made under subsection (1) or an interim order under subsection (2) that provides for the support of a spouse should: 9

(i) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; (ii) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage; (iii)relieve any economic hardship of the spouses arising from the breakdown of the marriage; and (iv) in so far as practicable, promote the economic selfsufficiency of each spouse within a reasonable period of time. (c) The parties agree that the support, property and responsibility for debt arrangements set out herein meet those objectives and will continue to do so no matter what happens to either party in the future. Each party acknowledges that he or she has been advised of decisions of the Ontario Courts in which the Court has awarded spousal support, even though the parties had previously entered into a separation agreement containing a full and final release of spousal support. Notwithstanding these rulings, the parties still agree and intend that no change in circumstances whatsoever will entitle either party to apply to Court for spousal support. This agreement, and this paragraph, may be pleaded as a complete defence to any claim either party may bring for spousal support. 15) COMPENSATORY SUPPORT The wife acknowledges that her future capacity to earn income may have been adversely affected by the parties joint decision that the wife reduce or restrict her employment in order to take care of children or discharge other obligations of the marital partnership. The wife nonetheless agrees that no change in her present or future earning power flowing from the joint decision that the wife leave the work force shall entitle the wife to claim compensation from the husband for any such loss of future income.

(d)

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16) LIFE INSURANCE FOR CHILDREN a) The husband warrants that he has irrevocably designated the wife as the irrevocable sole beneficiary, in trust for the children of the marriage, under the following policies of insurance: i) Policy No. 4446790 of London Life Insurance Company having a face value of $100,000.00; and that he has filed the designation with the principal office of the respective insurers in accordance with the provisions of the Insurance Act. The husband shall continue to designate the wife as irrevocable beneficiary, in trust for the children of the marriage for so long as he is obligated to pay child support to the wife.

b) The husband shall pay all premiums when they become due and shall keep the policies in force for the benefit of the wife in trust for the children until she is no longer entitled to receive child support.

c) When the husband is no longer obligated to pay child support, the husband may deal with the policies as he deems fit free from any claim by the wife or her estate.

d) If the wife dies, her executor or administrator shall notify the husband of this event immediately when it occurs.

e) The husband shall deliver to the wife, within fourteen (14) days from the date when it is demanded, proof that the policies are in good standing. This proof may be demanded at any reasonable time and from time to time.

f) If the husband defaults in payment of any premium, the wife may pay the premium and recover from the husband the amount of the payment together with all costs and expenses that may be incurred in restoring the policies to good standing.

g) Any breach of this paragraph relating to life insurance shall constitute a first charge against the estate of the husband such that his estate shall be liable for the payment of the 11

full face value of the policy/policies to the named beneficiaries thereof under this agreement, as if such policies were in full force and effect.

17) HEALTH AND MEDICAL EXPENSES FOR CHILDREN a) The husband warrants that he shall maintain in force for the benefit of the children of the marriage, such medical health and dental insurance benefits as are available to him through his employment, presently or at any time in the future.

b) The husband agrees to continue the said medical coverage, or equivalent insurance for the benefit of the children of the marriage, provided such coverage continues to be available to him at his place of employment and so long as he is obligated by this Agreement to support the child.

c) In the event that coverage is no longer available through his employer, the husband shall: i) Forthwith provide written notice to the wife and details of the proposed replacement insurance of equivalent coverage. ii) Forthwith purchase insurance providing equivalent coverage for the children and shall continue to pay the premium thereon. He shall provide the wife with full details of the proposed coverage and, will continue to pay the premiums thereon until, for so long as he is obligated by this Agreement to support the child. iii) If the husband fails to maintain this insurance or equivalent insurance, he shall pay the cost of all health services which would have been paid by the insurance.

d) The parties acknowledge and agree that any orthodontal, eye care, dental or other medical expenses in excess of the amounts covered by the husband's plan of insurance shall be shared equally between the parties provided that such expenses are discussed and agreed to by the parties prior to being incurred.

18) HEALTH AND MEDICAL EXPENSES FOR WIFE a) The husband warrants that he shall maintain in force such medical health and dental insurance benefits as are available to him through his employment, presently or at any 12

time in the future for the wife, for so long as, i) she remains his spouse as defined by the employer benefit plan; ii) the marriage is terminated; or iii) the wife cohabits with another man.

b) Thereafter the wife shall be responsible for her own medical, health, drug and dental coverage.

c) In the event that coverage is no longer available through his employer, the husband shall, i) forthwith provide written notice to the wife and details of the proposed replacement insurance of equivalent coverage, ii) forthwith purchase insurance providing equivalent coverage for the wife and shall continue to pay the premium thereon; he shall provide the wife with full details of the proposed coverage and, will continue to pay the premiums thereon until, one or more of the following occurs: (1) the wife cohabits with a man; (2) the wife marries; or (3) the wife obtains permanent and secure full time employment which provides a comparable benefits package.

d) If the aforementioned coverage for the wife should become unavailable, then the husband shall provide 50% of he monthly premium cost, up to a maximum of $xx per month, over and above his spousal support payments, for private health insurance coverage for the wife.

e) If the husband fails to maintain this insurance or equivalent insurance, he shall pay the cost of all health services which would have been paid by the insurance.

19) MATERIAL CHANGE IN CIRCUMSTANCES a) The amount of the payment and the terms for payment as provided by this agreement for the support of: 13

i) the children, or any child, may be varied: (1) prior to the granting of a divorce, if there is a change in circumstances such that a court of competent jurisdiction in the same circumstances would vary an order for support made in the same amount and terms under the Family Law Act on the effective date of this agreement; (2) after a divorce is granted, if there is a change in circumstances of the husband or wife such that a court of competent jurisdiction in the same circumstances would vary an order for support made in the same amount and terms under the Divorce Act on the effective date of this Agreement. (3) If either the husband or the wife is entitled to a variation under subsection (1), the variation made (i) may be the discharge, variation or suspension of a term of the obligation to pay prospectively or retroactively, and (ii) may relieve the husband from the payment of part or all of any arrears, and (iii)may provide, prospectively or retroactively, for an increase or decrease in the amount of the payment to be made to the wife for the support of the children or any child.

b) Any difference or dispute between the husband and the wife as to what, if any, variation should be made shall be resolved under the section of this Agreement providing for the RESOLUTION OF DISPUTES.

20) MATRIMONIAL HOME a) The parties acknowledge that they hold the matrimonial home as joint tenants.

b) The parties agree that the property shall be listed for sale forthwith with a real estate agent agreed to by the parties for a price agreed to by the parties. Upon sale of the said property the net proceeds, after payment of the real estate commission, if any, the legal fees pertaining to the sale, and all encumbrances registered on title, shall be divided equally between the parties. 14

c) During the period that the property is listed for sale, the wife shall reside at the property and shall be responsible for paying all mortgage payments, taxes, insurance premiums, heating, water and other charges related to the matrimonial home, and shall save the husband harmless from all liability for those payments.

d) In consideration of the transfer of the said shares by the wife to the husband, the husband hereby releases the wife from any and all liabilities arising out of the business and agrees to indemnify and save the wife harmless from any and all liability arising therefrom including any and all shareholders loans.

21) EMPLOYER PENSION RELEASE The parties acknowledge and agree that neither party shall be entitled to any portion of any employer pension held by either of them and each party hereby releases the other from any and all claims they might have to any employer pension held by either of them either for equalizing the pensions, for survivor benefits or otherwise.

22) CANADA PENSION PLAN RELEASE a) Neither the husband nor the wife shall make any claim under the Canada Pension Plan Act for an equalization of pension benefits and the parties agree there shall be no division of unadjusted pensionable earnings under Section 53.2 or 53.3 of the said Act and each releases to the other any rights that either of them may have had against the other under the said Act, notwithstanding that the current legislation does not permit spouses to contract out of that right.

b) Each of the husband and the wife agrees to indemnify the other, dollar for dollar forthwith upon receipt by either of the husband or the wife, for any monies claimed and received by either of the husband or wife under the Canada Pension Plan Act contrary to the agreement of the parties in paragraph (a) above.

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23) HOUSEHOLD GOODS AND PERSONAL EFFECTS a) Each of the parties acknowledges that, i) the contents of the matrimonial home, including furniture, furnishings, household goods, silverware, china, glassware, rugs, books, pictures, bric-a-brac and all other household effects have been divided between the parties or have been purchased or the value set off against the value of other property by one of the parties to the satisfaction of each of them; ii) each has possession of his or her jewelry, clothing and personal effects; iii) each may dispose of the items possessed by him or her as he or she deems fit.

24) VEHICLES AND OTHER FAMILY PROPERTY a) The husband is entitled to all the right, title and interest in all assets in his possession, including but not limited to: i) 2008 GMC Truck free and clear of any claim thereto by the wife.

b) The wife is entitled to all the right, title and interest in all assets in her possession, including but not limited to: i) 2010 Pontiac Vibe free and clear of any claim thereto by the husband.

25) DEBTS AND OBLIGATIONS a) Neither party will contract or incur debts or obligations in the name of the other from and after the date of separation.

26) BANKRUPTCY ACT The parties acknowledge and agree that any lump sum equalization payment or payments shall be a domestic obligation within the meaning of the Bankruptcy Act and will not merge on a bankruptcy of either party.

27) NO PROPERTY TO BE DIVISIBLE ASSET 16

No property owned by either party or by them jointly on the effective date of this contract or at any later time is or shall be property subject to division otherwise than according to legal ownership subject to the provisions of this Agreement.

28) PART II OF THE FAMILY LAW ACT Each of the parties releases and discharges all rights and claims he or she has under Part II of the Family Law Act to the matrimonial home.

29) RELEASES AGAINST PROPERTY a) Each of the parties releases and discharges all rights and claims relating to property in which the other has or may have an interest, including all rights and claims involving: i) possession of property; ii) ownership of property; iii) division of property; iv) compensation for contributions of any kind, or an interest in property for contributions of any kind; v) equalization of the net family properties of the parties herein.

30) RELEASE AGAINST THE ESTATE OF THE OTHER a) Except as may otherwise herein be provided and without restricting the other waivers, releases and terms in this contract, and subject to transfers or bequests which may be made by the parties in their respective Wills, each party i) waives all rights; and ii) releases and discharges the other from all claims that he or she has or may in the future acquire under the laws of any jurisdiction, and particularly under the Family Law Act and the Succession Law Reform Act and their successors, entitling him or her upon the death of the other: (1) to a division of property owned by the other or to one-half the difference between their net family properties or to any other share of this difference, or to any share of the property of the other; (2) if the other party dies leaving a Will, to elect against taking under the Will in 17

favour of receiving an entitlement equalizing their net family properties, or in favour of any other benefit; (3) if the other party dies intestate, to elect to receive an entitlement in intestacy or to receive an entitlement equalizing their net family property; (4) if the other party dies testate as to some property and intestate as to other property, to elect to take under the Will and to receive an entitlement in intestacy, or to receive an entitlement equalizing their net family properties; (5) to share in the estate of the other under a distribution in intestacy in any manner whatsoever; (6) to receive support as a dependant from the estate of the other in any manner whatsoever; and (7) to act as executor or administrator of the estate of the other.

31) ESTATE RELEASE Subject to the aforementioned, each party waives and releases all interest whatsoever in the estate of the other including any right he or she may be given by any statute now or in the future in force and renounces all right to administer the estate of the other. Neither party shall commence any proceeding to vary or set aside the Will of the other and each party waives the right to make claims for an equalization payment upon the death of the other.

32) GENERAL RELEASE a) Except as herein provided, the husband and wife intend this agreement to be final as to all other claims and hereby release all such claims arising out of their marriage. Both parties are aware and acknowledge that each of them may suffer or enjoy drastic changes in their respective income, assets, and debts, in the cost of living or in their health, or changes of fortune by reason of unforeseen factors. Nevertheless, the husband and the wife agree that under no circumstances will any change, direct or indirect, foreseen or unforeseen, in the circumstances or rights of them, give either the right to claim any alteration of any of the terms of this agreement or the terms in any other agreement between them or of the terms of a Divorce Judgment. More particularly, the husband and the wife acknowledge that he or she may be called upon during the rest of his or her life to use, either wholly or 18

in part, his or her capital for his or her own support and each agrees to do so without any recourse to the husband or the wife at any time.

b) The husband and wife each wish to be able to rely upon this agreement as the final and binding one, a once and for all settlement of all their differences and affairs to avoid ever engaging in further litigation with each other, whether about matters or causes of actions existing now or at any time.

33) RESUMPTION OF COHABITATION If at any time the parties cohabit as husband and wife for a single period of less than ninety (90) days with reconciliation as the primary purpose of the cohabitation, the provisions contained in this Agreement will not be affected except as provided in this section. If the parties cohabit as husband and wife for a period of more than ninety (90) days with reconciliation as the primary purpose of the cohabitation, the provisions contained in this Agreement will become void, except that nothing in this section will affect or invalidate any payment, conveyance or act made or done pursuant to the provisions of this Agreement.

34) AGREEMENT TO SURVIVE DIVORCE If at any future time the parties are divorced, the terms of this Agreement shall survive and continue in force.

35) JOINT PREPARATION OF AGREEMENT Each party personally and by her or his lawyer has participated in the preparation of this agreement. It must be construed as if the parties were joint authors and it shall not be construed against one party as if that party or that party's lawyer were the sole or majority author of the agreement.

36) STRICT PERFORMANCE The parties agree that the failure of either of them to insist on the strict performance of one or more of the covenants or provisions of this Agreement on any one or more instances shall not be and is not evidence of any waiver of a breach or relinquishment for the future of such 19

covenant or provision and the same shall continue in full force and effect.

37) EXECUTION OF OTHER DOCUMENTS Each of the parties shall execute any document and do all further things, at the cost of the other, that are reasonably required from time to time to give effect to the terms and intent of this Agreement.

38) SEVERABILITY The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision and any invalid provision will be severable.

39) FINANCIAL DISCLOSURE a) Each party i) has fully and completely disclosed to the other the nature, extent and probable value of all his or her significant assets and all his or her significant debts or other liabilities existing at the date of separation, and in addition to this disclosure, ii) has given all information and particulars about his or her assets and liabilities that have been requested by the other, iii) is satisfied with the information and particulars received from the other, and iv) acknowledges that there are no requests for further information or particulars that have not been met to his or her complete satisfaction.

40) AMENDMENT OF CONTRACT Any amendment of this contract will be unenforceable unless made in writing, dated and signed by each party before a witness.

41) INDEPENDENT LEGAL ADVICE a) Each of the husband and the wife acknowledges that he or she i) has had independent legal advice; ii) understands his or her respective rights and obligations under this Agreement; iii) is signing this Agreement voluntarily; and 20

iv) believes this Agreement is fair and reasonable and that its provisions are entirely adequate to discharge the present and future responsibilities of the parties and will not result in circumstances unconscionable to either party.

42) LEGAL FEES The parties shall be responsible for their own legal fees in relation to the negotiation, preparation and execution of this Agreement.

43) RESOLUTION OF DISPUTES a) The parties will endeavor to resolve any difference between them on any matter in this agreement by negotiation between themselves or by their lawyers, and, unless there is an emergency, neither party will initiate any other procedure until negotiations have exhausted all reasonable possibilities of resolution.

b) The parties may choose to facilitate their negotiations (whether conducted between themselves or by their lawyers) by the appointment of a mediator they select. If negotiations are conducted with the assistance of a mediator and no agreement is reached, the mediator will disclose only this fact and make no report unless otherwise directed by both parties.

c) No evidence of anything said or of any admission or communication made in the course of the negotiations or mediation is admissible in any legal proceeding, except with the consent of both parties.

d) If it is unreasonable to expect a difference between the parties to be resolved by negotiation or by continued negotiations under subsections (a) and (b) of this section, any difference relating to any other matter shall be resolved by a court; or if the matter is not within the jurisdiction of a court, by arbitration, upon application brought by either party.

e) Any arbitration will be conducted according to the rules for the conduct of arbitrations of the Arbitration Institute of Canada Inc., in effect at the date of the commencement of the 21

arbitration, by one arbitrator appointed in accordance with the Institute's rules. The arbitration will be final and binding on the parties. The law governing the procedures and the substance of the arbitration will be the law of Ontario.

44) AGREEMENT TO BE BINDING a) This Agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto respectively.

TO EVIDENCE THEIR AGREEMENT, each of the husband and the wife has signed this Agreement under seal before a witness.

SIGNED, SEALED & DELIVERED in the presence of:

__________________________________ Witness as to signature of: David Screwem

_________________________________ FRANCES MARJORIE HOUSEMAN

__________________________________ Witness as to signature of: Elizabeth Payne

_________________________________ JONATHAN EDWARD CASTLE

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