What is the test for setting aside an agreement?

The defendants also relied on Gardin v. J & B Kozma Enterprises Ltd. (1997), 9 R.P.R. (3d) 46 (N.S.S.C.), a decision, although from another jurisdiction, much to the same effect. I paraphrase paragraph 27 of those reasons as follows: (1) The burden is on the party seeking to set aside the agreement; (2) The party seeking to set aside must show that the agreement signed is radically or fundamentally different from what the party believed he or she was signing; and (3) Even if there is a radical or fundamental difference, the party seeking to set aside must not be careless in taking reasonable measures to inform himself or herself when signing as to the contents and effect of the agreement.