In what circumstances will a marriage contract be set aside?

In the applicant's factum and in oral argument, counsel for the applicant relies on the decision of Mesbur J. in Dhanna v. Dhanna 2004 CarswellOnt 6131 as being similar to the facts of this case. Counsel contends that the wife in Dhanna testified that she did not recall reviewing the marriage contract in any detail and did not understand that property accumulated during the marriage would be exempt from division. Despite the fact that the contract contained a certificate of independent legal advice, the wife did not recall what the lawyer providing the advice to her had told her. Mesbur J. accepted the evidence of the wife that she had an entirely different understanding of the purpose of the agreement than what the agreement actually provided. She also found that the wife had no real independent legal advice. Counsel for the applicant submits that the wife in Dhanna was in similar circumstances as the applicant which led to the marriage contract being set aside in that case.