What is the test for setting aside a settlement agreement?
Alberta, Canada
The following excerpt is from Dickieson v. Dickieson, 2011 ABQB 202 (CanLII):
A useful quote is found in the case of Grant v. Jovic, 2005 ABQB 323, 53 Alta. L.R. (4th) 332 at paras. 47-48, wherein Madam Justice Coutu commented: Justice affects both parties and requires a balancing of their interests. The fact that the settlement agreement may not have been a desirable one from the point of view of the defaulting party, or the fact that they may have received poor advice from their lawyer, or the fact that they later changed their minds, cannot provide grounds for setting aside the settlement agreement, or a refusal to enforce it. ii. Duress / Undue Influence
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