Is there a presumption of undue influence between a solicitor and a patient?
Ontario, Canada
The following excerpt is from Juzumas v. Baron, 2012 ONSC 7220 (CanLII):
A presumption of undue influence arises from the nature of a recognized relationship (e.g., solicitor and client, doctor and patient etc.). The presumption can also arise from the particular circumstances of the case, where one party has the ability or potential to “dominate the will of another, whether through manipulation, coercion, or outright but subtle abuse of power.” Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353, at p. 377.
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