What is the test for determining whether a settlement is substantially unfair?
Alberta, Canada
The following excerpt is from Floyd v. Couture, 2004 ABQB 238 (CanLII):
Most cases state that when the court is considering whether the settlement is substantially unfair, the judge must look at the facts as they existed and were known to the stronger party at the time of the settlement. It is an error of law to consider subsequent facts in determining whether a settlement is unfair: Cougle v. Maricevic, supra.
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