What is the test to set aside a domestic contract?
Ontario, Canada
The following excerpt is from Shinder v Shinder, 2017 ONSC 4177 (CanLII):
The decision Virc v. Blair (2014 ONCA), at para. 52, confirms the two-part test to be applied in a hearing to determine whether a domestic contract should be set aside: (i) Can the party seeking to set aside the agreement demonstrate that one or more of the s. 56(4) circumstances is engaged? (ii) If so, is it appropriate for the court to exercise its discretion to set aside the agreement? The Law on the Obligation to Make Financial Disclosure
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