What is the test for the presumption of undue influence?
British Columbia, Canada
The following excerpt is from Stewart v. McLean, 2010 BCSC 64 (CanLII):
... The trial judge will commence his or her inquiry with the applicable presumption and will weigh all of the evidence in an attempt to ascertain, on a balance of probabilities, the transferor's actual intention. ... the presumption will only determine the result where there is insufficient evidence to rebut it on a balance of probabilities. Justice Goepel in Stone v. Campbell, 2008 BCSC 1518 at para. 44, 44 E.T.R. (3d) 146, applied the above instructions to the presumption of undue influence.
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