British Columbia, Canada
The following excerpt is from Wang v. Chen, 2013 BCSC 1138 (CanLII):
In Dyson Estate v. Moser, 2003 BCSC 1720, the court at para. 20 adopted this statement: A contact (sic) will be void ab initio for common mistake if a mistake by both parties to the contract renders the subject matter of the contract essentially and radically different from that which both parties believe to exist at the time the contract was executed. However, the parties seeking to rely on the mistake must have had reasonable grounds for entertaining the belief on which the mistake was based. (emphasis added)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.