Do the facts support setting the partnership agreement aside on the basis of unconscionability?
Ontario, Canada
The following excerpt is from Crawford Chondon v. Fields, 2021 ONSC 1052 (CanLII):
Similarly, the facts I have outlined above do not support setting the partnership agreement aside on the basis of unconscionability. As noted in Graham v. Impark 2010 ONSC 4982 at para. 116, unconscionability requires both a pronounced inequality of bargaining power and a substantially improvident or unfair bargain. In this case, there is no inequality of bargaining power that I see. Given my interpretation of the agreement, it is not necessary for me to address in detail the issue of whether the bargain is improvident or unfair. I simply note that it does not appear to be either.
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