The burden of proof lies on the party seeking to set aside the contract to persuade the court to exercise its discretion in its favour. The court will take into account a variety of factors in exercising its discretion. In addition to the six factors described above in paragraph , in Turk v. Turk, 2015 ONSC 5845, the court held that when determining whether to exercise discretion and set aside an agreement, the factor of whether he/she moved expeditiously to have the agreement set aside, shall also be considered [at para. 55].
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