In what circumstances have the courts found that a party signed an agreement without the knowledge of their lawyer?
British Columbia, Canada
The following excerpt is from 0782484 B.C. Ltd. v E-Pro Enterprises Inc., 2017 BCSC 2245 (CanLII):
In Do Process LP v. Infokey Software Inc., 2015 BCCA 52 the parties were involved in copyright litigation. The parties had entered into an agreement dealing with the ownership of software. The defendants pleaded that they had signed the agreement under duress and without legal advice. There was evidence that one of the defendants had said that he had earlier received legal advice on the same subject matter as the agreement. The plaintiffs applied for production of documents relating to the legal advice arguing that privilege had been waived. The chambers judge found that there had been no waiver and concluded that the defendant had, at most, put in issue whether they had legal advice in relation to the agreement but that they had not put in issue the nature of the advice they had received.
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