What is the test for establishing a presumption of domination in a relationship between a husband and wife?
British Columbia, Canada
The following excerpt is from Bunn v. Bunn Estate, 2016 BCSC 2146 (CanLII):
As stated by Mr. Justice Meiklem in Elder Estate v. Bradshaw, 2015 BCSC 1266 at para. 108, “[t]he nature of the specific relationship must be examined in each case to determine if the potential for domination is inherent in the relationship” and, accordingly, whether the presumption arises on the facts of the case.
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