What is the test for setting aside a domestic contract or provisions in that contract?

Ontario, Canada


The following excerpt is from Hao v Wang, 2015 ONSC 6989 (CanLII):

The Ontario Court of Appeal in LeVan v. LeVan has put forth a two-stage analysis which is required when a party is seeking to set aside a domestic contract or provisions in that contract. In this two-stage analysis, the court must first consider where the party seeking to set aside the agreement can demonstrate one or more of the circumstances set out within Section 56(4) of the Family Law Act. The second stage is, if that hurdle of the first stage is overcome, the court must then consider whether it is appropriate to exercise its discretion in favour of setting aside the agreement or the provisions therein.[13]

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