As mentioned, it was held in Rick v. Brandsema 2009 SCC 10 that there is a duty on separating spouses to provide full and honest disclosure to each other of all relevant financial information. The court further held that defective disclosure will only justify judicial intervention, if the extent of the misinformation, and the degree to which it was deliberate, are found to be sufficient in the particular case to cause the other party to accept an unfair bargain (see paragraphs 48 – 49). In that case, the husband knew that his disclosure of his assets and their value was false, and he knew that his wife entered into their separation agreement on the basis of his erroneous and misleading information about his assets. These findings of the trial judge were upheld on appeal.
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