Can a domestic contract or a provision of it be overturned if a party failed to disclose to other significant assets existing when the contract was made?
Ontario, Canada
The following excerpt is from Ruscinski v. Ruscinski, 2006 CanLII 9982 (ON SC):
Subsection 56(4)(a) confers discretion to set aside a domestic contract or a provision of it if a party failed to disclose to the other significant assets existing when the domestic contract was made. The exercise of the court’s discretion will depend on the facts of each case. See Segal v. Qu, supra, at paragraph 53.
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