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Can a signed legal document be deemed invalid?

Expert: Tony Frost

Wondering asked:

Once an agreement has been reached, can a signed legal document be deemed invalid if the written contents are found to be incorrect at the time of signing? In any province?

Tony Frost answered:

A written agreement signed by the parties, binds the parties unless it can be proven that the contents of the parties do not reflect the actual terms of agreement between the parties.

This proof is rarely available to a party that seeks to resile from the contract written, signed contract. Whether the party reviewed the contract or not, the courts will almost always hold that party to the bargain. Different considerations may apply for consumer contracts.

I am an Ontario lawyer qualified to practice law only in the Province of Ontario and cannot comment on the laws of other provinces.

About the author

Tony Frost is a litigation, commercial and estate lawyer with Mills & Mills LLP located at Yonge and St. Clair in Toronto. Click here for Tony's Profile.

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