What is the test to set aside a domestic contract?
Ontario, Canada
The following excerpt is from Shinder v Shinder, 2017 ONSC 4177 (CanLII):
The decision Virc v. Blair (2014 ONCA), at para. 52, confirms the two-part test to be applied in a hearing to determine whether a domestic contract should be set aside: (i) Can the party seeking to set aside the agreement demonstrate that one or more of the s. 56(4) circumstances is engaged? (ii) If so, is it appropriate for the court to exercise its discretion to set aside the agreement? The Law on the Obligation to Make Financial Disclosure
"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
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 setting aside a domestic contract or provisions in that contract? (Ontario, Canada)
What is the test for an application to set aside a contract where the husband alleges that the wife pressured him into signing the contract? (Ontario, Canada)
What is the test for setting aside a domestic contract for non-disclosure? (Ontario, Canada)
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice? (Ontario, Canada)
What is the difference between a domestic contract and a marriage contract? (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)
What is the burden of proof to set aside a domestic 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)
Can a court set aside a domestic contract on grounds of unconscionability, duress, and misrepresentation? (Ontario, Canada)
