What is the leading Canadian case on undue influence?
Manitoba, Canada
The following excerpt is from Dmytrow v. Dmytrow, 2000 MBQB 90 (CanLII):
Both counsel agreed that the leading Canadian case on undue influence is that of Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353. At p. 406 of that decision, Wilson J. defined influence as, “the ability of one person to dominate the will of another, whether through manipulation, coercion, or outright but subtle abuse of power”. She then stated that to dominate the will of another simply means to exercise a persuasive influence over him or her. She said that whether or not this is reprehensible in a particular situation depends on the motive and objective of the person exercising the influence.
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