What is the burden of proof in a marriage contract case?
Ontario, Canada
The following excerpt is from Shair v Shair, 2015 ONSC 5816 (CanLII):
The party who seeks to set aside a marriage contract carries the burden of proof. That party must first show that his or her case comes within s. 56(4) of Family Law Act and then persuade the court to exercise its discretion in his or her favour to set aside a contract or a provision in it (LeVan v. LeVan, at para. 177). Analysis
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