What is the test for undue influence in real estate law?
British Columbia, Canada
The following excerpt is from Gollan v. Burnett, 2014 BCSC 2424 (CanLII):
In a previous case Mr. Justice Groves usefully summarized the general principles that apply to undue influence (Modonese v. Delac Estate, 2011 BCSC 82, aff’d, 2011 BCCA 501):
In Longmuir v. Holland, 2000 BCCA 538 at para. 71, 192 D.L.R. (4th) 62, 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".
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