[72] As set out in Virc v. Blair, 2014 ONCA 392, 119 O.R. (3d) 721, at paras. 31 and 52, a case in which a wife sought to set aside a separation agreement on the basis of lack of financial disclosure, the factors to consider in determining whether to set aside an agreement or a provision(s) in it are as follows: i) Whether there has been concealment of assets or material misrepresentation?; ii) Whether there has been duress, or unconscionable circumstances?; iii) Whether the moving party neglected to pursue full legal disclosure?; iv) Whether the moving party received substantial benefits under the contact?; v) Whether the respondent fulfilled his or her obligations under the contact; and vi) Whether the non-disclosure was a material inducement to entering into the Agreement and its importance to the negotiations. Failure to Disclose
"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.