In what circumstances will a court set aside an agreement where the agreement was not enforceable under duress?
Ontario, Canada
The following excerpt is from A.P. v. F.D., 2016 ONSC 2566 (CanLII):
In Studerus v. Studerus, [2009] O.J. No. 5498 (ONSC) the court set aside an agreement based on duress where one party placed undue pressure on the other. That pressure arose from living in isolation, financial control by the opposite party and an overwhelming desire to remove herself from the unbearable living situation in which she found herself. A similar situation occurred in Reinhardt v. Reinhardt, [2004] O.J. No. 3318.
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