May 21, 2024

Setting Aside Domestic Contracts Post-Mortem

May 21, 2024 at 12:00PM (ET) on ZOOM

Setting Aside Domestic Contracts Post-Mortem

May 21, 2024
at 12:00PM (ET) on ZOOM
This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
Setting Aside Domestic Contracts Post-Mortem


Setting aside a contract based on the equitable doctrine of unconscionability is always difficult, and more so in the context of domestic agreements. On the one hand courts wish to preserve the ability of spouses to order their affairs through contract, while on the other recognize that inequality of bargaining power and incomplete disclosure of material facts render such agreements unfair. 

Topics include:

  • The equitable doctrine of unconscionability with application to contracts generally and domestic agreements specifically.
  • Problems of proof and corroboration.
  • Formation of the contract and legal professional privilege.
  • Professionalism and managing the lawyer-client relationship.

Discussion Materials

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on May 16, 2024.


Partner, Wagner Sidlofsky LLP


Estate Lawyer

Partner, Epstein Cole LLP

Aaron Franks - Family lawyer

Family Law Lawyer


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setting aside domestic contracts post mortem

David Wagner

Partner, Wagner Sidlofsky LLP

David practices exclusively in commercial and estate litigation. He appears regularly on behalf of clients in shareholder disputes, oppression remedies, contractual disputes and torts. In the context of estate litigation fights, David routinely is involved in Will Challenges, executor and accounting disputes.

Aaron Franks

Partner, Epstein Cole LLP

Aaron has a Bachelor of Commerce (Finance) from the University of British Columbia. He graduated from the Joint M.B.A./LL.B Program at Osgoode Hall Law School and the Shulich School of Business in 1996 and was called to the bar in 1998. Since his call to the bar, he has practiced exclusively in the areas of family law (and related areas) and in the defense of solicitor’s negligence claims.

He is an Adjunct Professor (Family Law) at the University of Toronto Law School and was previously an Adjunct at Osgoode Hall Law School. He was formerly an instructor with the Family Law Section of the Bar Admission Course, and he is a Dispute Resolution Officer for the Superior Court of Justice in Toronto.

He has co-authored “This Week in Family Law” (Carswell) since January 2020. He is presently the Editor-in-Chief of the Reports of Family Law (Carswell) and was Associate Editor since 2005.

Aaron is a regular contributor/speaker at continuing legal education programs, and he has authored papers and chapters in several publications on family law issues. He is regularly retained to mediation and/or arbitrate family law matters.

Aaron is listed in the Lexpert (“most frequently recommended”) and Best Lawyers directories, ranked in Chambers & Partners Global High Net Worth Guide in Family/Matrimonial: High Net Worth (Canada), and is a Fellow of the International Academy of Family Lawyers and American College of Trial Lawyers. He is a member of the Planning Committee for the bi-annual National Family Law Program run by the Federation of Canadian Law Societies, and was previously Co-Chair of the Six Minute Family Lawyer for 8 years and on the Board of the Advocates’ Society.

He is the proud owner of Oliver, the Bernese Mountain Dog.