What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made?
Ontario, Canada
The following excerpt is from J.L.S. v. D.B.S., 2016 ONSC 1704 (CanLII):
The factors provided in Montreuil v. Montreuil, supra, at para 102 are, Whether the party who did not make full disclosure was asked to do so, Whether that party refused to do so Whether that party misrepresented or concealed financial facts Whether the other party had full financial information in any event Whether the other party would have signed the contract even if the disclosure had occurred
"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.
Other Questions
What are the factors that a judge should consider in determining whether or not a party has complied with a financial disclosure motion? (Ontario, Canada)
What is the test for determining whether there has been economic duress in a contract where a party entered into the contract at the time of execution? (Ontario, Canada)
When determining whether a party has been successful in obtaining a final order in a personal injury action, does the court have to consider any other settlement offer made by the parties? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
What are the factors used by the court in determining whether or not to grant custody of a child to a third party? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What are the factors used to determine whether a parent has made a loan or advance? (Ontario, Canada)
What are the factors used by the courts to determine whether or not a portion of pre-tax corporate income should be included in a party's income for support purposes? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
What factors factor in determining whether a child becomes disentitled to support for education expenses after leaving the relationship? (Ontario, Canada)
