What is the test for independent legal advice?
Nova Scotia, Canada
The following excerpt is from Northumberland Fisherman’s Association v. Patriquin, 2015 NSSC 30 (CanLII):
The test for independent legal advice is found in Gold v. Rosenberg, 1997 CanLII 333 (SCC), [1997] 3 S.C.R. 767, where Sopinka J. said, for the majority, at para. 85: … Whether or not someone requires independent legal advice will depend on two principal concerns: whether they understand what is proposed to them and whether they are free to decide according to their own will. The first is a function of information and intellect, while the second will depend, among other things, on whether there is undue influence…
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