Is a party entitled to rely on the fact that another party has retained counsel for advice in the negotiation process?
Ontario, Canada
The following excerpt is from Dillon v. Dillon, 2014 ONSC 2236 (CanLII):
A party is entitled to rely on the fact the other party has retained counsel for advice in the negotiation process. The party has no responsibility to inquire into the knowledge and qualifications of the counsel providing advice to the other party. See: Grant-Hose v. Grant-Hose, supra, at para. 38.
As between the parties, when one party makes choices with the benefit of independent legal advice, that party cannot resile from the agreement unless the financial disclosure received was inaccurate, false or misleading. See: Quinn v. Epstein Cole, supra, at paras 3-4. (f) Spousal Support – The Miglin Test
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