What is the test for the equitable doctrine of undue influence?

Ontario, Canada


The following excerpt is from Morreale v. Romanino, 2017 ONCA 359 (CanLII):

The trial judge referred to the relevant legal principles in Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353, noting that the equitable doctrine of undue influence was developed not to save people from the consequences of their own folly but to save them from being victimized by other people. She also observed that, while it is natural to presume that influence will exist in a relationship in which trust and confidence is reposed in the donee by the donor, the factual underpinning of the process leading up to the gift must be examined in the context of equity protecting the “weak or momentarily weak, not from bad bargains, but from the abuse of trust, confidence or power”.

Other Questions


What is the legal test for the doctrine of undue influence over the execution of a will? (Ontario, Canada)
Is there any case law where viva voce evidence is required in the context of allegations of undue influence? (Ontario, Canada)
What is the case law on undue influence? (Ontario, Canada)
When will the court grant relief under the Fletcher doctrine under the Rylands v. Fletcher doctrine? (Ontario, Canada)
What is the test for undue influence in the context of the transfer of assets? (Ontario, Canada)
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
Is there a presumption of undue influence between a solicitor and a patient? (Ontario, Canada)
What is the legal test of undue influence in the context of a Will? (Ontario, Canada)
Does the equitable doctrine of unjust enrichment apply when there is a contact binding on the parties to the collective agreement? (Ontario, Canada)
What are the rules of engagement for a plaintiff who alleges undue influence in a will? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.