What is the test for enforcing a common mistake in a marriage contract where the husband and wife did not achieve common intention or agreement?

Ontario, Canada

The following excerpt is from Mills v. Mills, 2004 CanLII 4793 (ON SC):

I have reviewed the cases cited by the respondent’s counsel, Wilde v. Wilde (2000) O.J. No. 2395 (S.C.J.) and C.J. v. M.(A.M.) (2002) O.J. No. 391 (S.C.J.). Wilde was a case where, on the facts, the court concluded that the parties at no time achieved a common intention or agreement. The wife thought that she was to receive a share of the husband’s pension, one of the only two major marital assets, and the husband thought that he would be keeping his pension free and clear of any claim by the wife. It is clearly distinguishable. In C.J., the court found a common mistake and enforced the agreement in accordance with the common intent of the parties, finding that the mistake did not go to the root of the contract, nor was it fundamental to it or to the parties’ intention.

Other Questions

How have the courts interpreted the meaning of a marriage agreement where the husband misled the wife into believing the husband’s parents were not interested in marriage? (Ontario, Canada)
What is the test for an arbitrator to enforce a contract where the contract is not enforceable? (Ontario, Canada)
Does a marriage contract have a greater duty of good faith and fair dealing than a traditional marriage contract? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
Is an entire agreement clause limited to the expression of the parties' intentions to the written contract? (Ontario, Canada)
What is the test for determining whether a collective agreement is enforceable or enforceable? (Ontario, Canada)
What is the difference between a domestic contract and a marriage contract? (Ontario, Canada)
What is the test for an application to set aside a contract where the husband alleges that the wife pressured him into signing the contract? (Ontario, Canada)
When a preliminary agreement is incomplete and does not contain the provisions intended to govern a contractual relationship, can the original contract be enforceable? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.