What is the test for a wife to obtain relief for a mistake by the wife's lawyer?
Manitoba, Canada
The following excerpt is from Pilgrim v. Pilgrim, 2011 MBQB 326 (CanLII):
He further argues that if any mistake occurred, it was a unilateral mistake caused by the negligence of the wife’s lawyer. If there was a unilateral mistake the wife could only obtain relief if she could establish that there was fraud or the equivalent of fraud on the husband’s part in that he knew or must be taken to have known that when the agreement was entered the wife misunderstood its significance and that the husband did nothing to enlighten the wife. This test for relief for unilateral mistake was utilized in Cozart v. Cozart 2007 SKQB 160, [2007] S.J. No. 202 (Smith J.).
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