Can a consent order be set aside on the grounds of misrepresentation, fraud, duress and unconscionability?

Ontario, Canada


The following excerpt is from Brenner v Saks, 2016 ONSC 2054 (CanLII):

In Davis v. Cooper, [2010] O.J. No. 3309, B.A. Allen J. referred to the fundamental principle of contract law that parties must be held to their freely negotiated bargains. At paragraphs 10-11and 33 she stated as follows: There are several grounds on which a contract can be set inside including misrepresentation, fraud, duress, mistake of fact, lack of capacity, or unconscionability. … In deference to the long-held principle of contract law that parties must be held to their bargains freely negotiated, the courts have developed strict rules to govern when exceptions can be allowed and a contract invalidated. … The principles that govern whether a consent order can be set aside are those that govern whether a contract can be set aside. A consent order is a contract and … can only be set aside or varied by subsequent consent, or upon the grounds of common mistake, misrepresentation or fraud, or on any other ground which would invalidate a contract. …

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