What is the equitable doctrine of undue influence?
British Columbia, Canada
The following excerpt is from H.S.S. v. S.H.D., 2016 BCSC 1300 (CanLII):
In broad terms, the equitable doctrine of undue influence was developed as protection for those individuals who were victimized by others. In Longmuir v. Holland, 2000 BCCA 538 at para. 71, Southin J.A. defined undue influence as “influence which overbears the will of the person influenced so that in truth what she does is not … her own act”. In the context of gifts and other transactions, equity will intervene and set aside such arrangements if procured by undue influence: Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353 at 368.
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