What is the burden of proving that there was no undue influence on the agreement?
Alberta, Canada
The following excerpt is from Swan City Taekwon-Do Club v Podolchyk, 2017 ABPC 244 (CanLII):
As per Hittinger v. Turgeon, 2005 ABQB 257: 51 It has long been recognized that in some circumstances there may be a presumption of undue influence arising from the relationship between the parties. In such circumstances, the evidentiary burden of proof shifts to the party seeking to uphold the agreement to show that there was no exercise of undue influence. Thus, unless there is a presumption of undue influence, the Defendant carries the burden of proving that he was subjected to undue influence as a result of which he executed the Agreement.
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