What are the factors used to determine whether to set aside an agreement or a provision(s) in it?

Ontario, Canada


The following excerpt is from Schofield v. Schofield, 2021 ONSC 2285 (CanLII):

[72] As set out in Virc v. Blair, 2014 ONCA 392, 119 O.R. (3d) 721, at paras. 31 and 52, a case in which a wife sought to set aside a separation agreement on the basis of lack of financial disclosure, the factors to consider in determining whether to set aside an agreement or a provision(s) in it are as follows: i) Whether there has been concealment of assets or material misrepresentation?; ii) Whether there has been duress, or unconscionable circumstances?; iii) Whether the moving party neglected to pursue full legal disclosure?; iv) Whether the moving party received substantial benefits under the contact?; v) Whether the respondent fulfilled his or her obligations under the contact; and vi) Whether the non-disclosure was a material inducement to entering into the Agreement and its importance to the negotiations. Failure to Disclose

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