Is understanding the effect of a personal injury agreement sufficient to satisfy the requirement for independent legal advice?
British Columbia, Canada
The following excerpt is from S.L.D. v. W.A.D., 2016 BCSC 616 (CanLII):
The claimant argues that “understanding the effect of the agreement” is insufficient to satisfy the requirement for independent legal advice unless it can be shown that the signatory, in this case the claimant, was fully apprised of all relevant circumstances, was advised of her legal rights and obligations and was offered an opinion as to whether or not to sign: Gurney v. Gurney, 2000 BCSC 6.
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