In this case, the parties’ affidavit evidence before the Arbitrator was in conflict about the circumstances surrounding both the July 20th, 2012 Agreement and the 2014 Amending Agreement. Neither party conducted cross-examinations on the affidavits. The statements by the individuals involved in the negotiation of the agreement are crucial to evidence of duress at that time: see Milne v. Milne, 2019 ONSC 459, at para. 37.
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