Is it possible for one party to set aside a domestic contract where the other party received independent legal advice?
Ontario, Canada
The following excerpt is from Aly v. Halal Meat Inc. et al, 2013 ONSC 1313 (CanLII):
Obviously, where one party has received independent legal advice, it is difficult for the party to set aside the agreement on the basis they did not understand the nature or consequences of the executed document. Notwithstanding, there are cases where the court has nevertheless set aside a domestic contract on the basis of a lack of understanding the nature and consequences of the agreement despite independent legal advice. See Patrick v. Patrick, [2002] O.J. No. 639 (Sup. Ct.). iii) Section 56(4) (c) - Otherwise in accordance with the law of contract
"The most advanced legal research software ever built."
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.
Other Questions
Is it possible to set aside an agreement where the parties have received independent legal advice? (Ontario, Canada)
When a party alleging duress has received independent legal advice and had a meaningful opportunity to review the domestic contract, can the court make a finding of duress? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
Does the absence of independent legal advice in a separation agreement constitute a breach of contract? (Ontario, Canada)
What is the test for setting aside a domestic contract or provisions in that contract? (Ontario, Canada)
Can a domestic contract or a provision of it be overturned if a party failed to disclose to other significant assets existing when the contract was made? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
Does a solicitor's certification in an agreement that she has provided independent legal advice constitute privity of contract? (Ontario, Canada)
Can a principal be held liable for breach of contract if a third party agrees to contract without consulting the principal? (Ontario, Canada)
