The court in Montreuil v. Montreuil, [1999] O.J. 4450 examined a situation where a husband had not made full and proper disclosure to a wife prior to entering a marriage contract. At paragraph 102 in Monttreuil, the court recognized that although both parties have a positive duty to disclose assets and liabilities existing at the time of contracting, the court has the discretion about whether a domestic contract should be set aside for lack of disclosure, and that the exercise of that discretion depends on the facts of each case. There, the court exercised the discretion to set aside the contract under Section 56(4) because the wife did not have the required level of information from the husband regarding his retirement savings plans or the value of his interest in an operating business.
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