Can a court set aside a domestic contract on grounds of unconscionability, duress, and misrepresentation?
Ontario, Canada
The following excerpt is from Schofield v. Schofield, 2021 ONSC 2285 (CanLII):
[70] Section 56(4)(c) of the Family Law Act permits a court to set aside a domestic contract in accordance with the law of contract, which includes grounds such as unconscionability, duress, uncertainty, undue influence, mistake, and misrepresentation: Ward v. Ward, 2011 ONCA 178, para. 21.
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