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Essential Term for Contract

Posted on April 30, 2026 | Posted in Civil Litigation, Five Liners

Wright v. Wright 2026 Ont CA

Adult child and her spouse sought enforcement of an agreement granting them an option to purchase property from child’s mother. The court determined that a missing term regarding sale proceeds was not essential and could be severed. It further found no undue influence, fiduciary breach, or unconscionability in light of independent legal advice and the parties’ intentions. Accordingly, the agreement was enforceable and the plaintiff succeeded.

 

Jonathan Speigel

 

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

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