ARTICLE
13 September 2013

Marriage Contract With Drafting Error Not Enforceable

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Lerners LLP

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Lerners LLP is one of Southwestern Ontario’s largest law firms with offices in London, Toronto, Waterloo Region, and Strathroy. Ours is a history of over 90 years of successful client service and representation. Today we are more than 140 exceptionally skilled lawyers with abundant experience in litigation and dispute resolution(including class actions, appeals, and arbitration/mediation,) corporate/commercial law, health law, insurance law, real estate, employment law, personal injury and family law.
In its decision in Stevens v. Stevens, the Ontario Court of Appeal refused a request that it rectify a marriage contract which was set aside because of a drafting error by the trial judge who determined that that mistake meant there was no "meeting of the minds" on the essential terms of the contract.
Canada Litigation, Mediation & Arbitration
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In its decision in Stevens v. Stevens, the Ontario Court of Appeal refused a request that it rectify a marriage contract which was set aside because of a drafting error by the trial judge who determined that that mistake meant there was no "meeting of the minds" on the essential terms of the contract.

Professional negligence lawyer Bill Pepall, asked for his insights on the decision in this interview, noted "This case is a reminder that a mistake can demonstrate the absence of consensus or agreement and result in a void contract – parties may lose their bargain if they attempt to take unfair advantage of a known or detectable error...It also shows the court's supervisory jurisdiction under the Family Law Act over marriage and separation agreements."

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ARTICLE
13 September 2013

Marriage Contract With Drafting Error Not Enforceable

Canada Litigation, Mediation & Arbitration

Contributor

Lerners LLP is one of Southwestern Ontario’s largest law firms with offices in London, Toronto, Waterloo Region, and Strathroy. Ours is a history of over 90 years of successful client service and representation. Today we are more than 140 exceptionally skilled lawyers with abundant experience in litigation and dispute resolution(including class actions, appeals, and arbitration/mediation,) corporate/commercial law, health law, insurance law, real estate, employment law, personal injury and family law.
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