What constitutes independent legal advice for purposes of a transaction?
British Columbia, Canada
The following excerpt is from Burkett v Burkett Estate, 2018 BCSC 320 (CanLII):
The function of independent legal advice is to remove a taint that, if not removed, might invalidate a transaction. The nature and circumstances will dictate what constitutes adequate independent legal advice for purposes of a given situation: Cope v. Hill, 2005 ABQB 625 at para. 209, [2005] A.J. No. 1413 [Cope], aff’d 2007 ABCA 32, [2007] A.J. No. 83, leave to appeal ref’d [2007] S.C.C.A. No. 138.
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