What is the test for a plea of undue influence?
Manitoba, Canada
The following excerpt is from 3434273 Manitoba Ltd. v. Nowak, 2013 MBQB 214 (CanLII):
Examination of a plea of undue influence is a two-stage process. First, the court must determine where the onus of proof lies by looking at the nature of the relationship and deciding if there is a presumption of undue influence or not. Second, the court must examine the nature of the transaction itself. See Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353 at 378.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for undue influence in real estate transactions? (Manitoba, Canada)
What legal tests apply to a consideration of undue influence relative to a Power of Attorney? (Manitoba, Canada)
What is the effect of undue influence on the husband through the independent legal advice received by the wife? (Manitoba, Canada)
What is the leading Canadian case on undue influence? (Manitoba, Canada)
In what circumstances have common law principles concerning duress and undue influence been reviewed in common law? (Manitoba, Canada)
In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, is undue influence raised? (Manitoba, Canada)
In what circumstances would the wife be able to prove that she was not under duress or undue influence to enter into a marriage agreement? (Manitoba, Canada)
What is the test for undue hardship in determining child support? (Manitoba, Canada)
What is the test for undue delay in deciding a case? (Manitoba, Canada)
What is the test for causing undue delay in deciding a personal injury case? (Manitoba, Canada)
