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

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