Marriage contract with drafting error not enforceable

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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