What is the test for undue influence, misinformation and duress?

British Columbia, Canada


The following excerpt is from Beach Estate v Beach, 2018 BCSC 1108 (CanLII):

In my view, the claim for undue influence, misinformation and duress against the defendants is bound to fail. The material facts pled in support of this claim are woefully inadequate for this to be a genuine issue for trial as against the defendants. Moreover, the allegation of unconscionability is also bound to fail. For a finding of unconscionability it must be shown for success that there was an inequality in the power of the parties due to ignorance, need or distress of the weaker, which would leave her in the power of the stronger, coupled with proof of substantial unfairness in the bargain: Braut v. Stec, 2005 BCCA at para. 16.

Other Questions


Is undue influence sufficient to establish that there is no force or coercion to establish undue influence? (British Columbia, Canada)
Is there any case law relating to undue influence or undue influence? (British Columbia, Canada)
What is the legal framework for analyzing proof in solemn form claims where issues of undue influence and undue influence are raised? (British Columbia, Canada)
What is the test for setting aside a transaction where the donor was allegedly influenced by undue influence? (British Columbia, Canada)
What are the principles of undue influence in real estate law? (British Columbia, Canada)
Can a finding of undue influence be based on the balance of probabilities? (British Columbia, Canada)
How have the courts in BC considered undue influence in the context of a will where the testator engaged in activities with his family members as a child? (British Columbia, Canada)
In what circumstances will the Court consider undue influence? (British Columbia, Canada)
What is the test for undue influence in real estate law? (British Columbia, Canada)
Does the presumption of undue influence trigger? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.