What is the test for enforcing a common mistake in a marriage contract where the husband and wife did not achieve common intention or agreement?

I have reviewed the cases cited by the respondent’s counsel, Wilde v. Wilde (2000) O.J. No. 2395 (S.C.J.) and C.J. v. M.(A.M.) (2002) O.J. No. 391 (S.C.J.). Wilde was a case where, on the facts, the court concluded that the parties at no time achieved a common intention or agreement. The wife thought that she was to receive a share of the husband’s pension, one of the only two major marital assets, and the husband thought that he would be keeping his pension free and clear of any claim by the wife. It is clearly distinguishable. In C.J., the court found a common mistake and enforced the agreement in accordance with the common intent of the parties, finding that the mistake did not go to the root of the contract, nor was it fundamental to it or to the parties’ intention.