Is there a presumption of undue influence or presumption of domination?
British Columbia, Canada
The following excerpt is from Schloegl v. Schloegl, 2014 BCSC 2458 (CanLII):
In some circumstances, there is a presumption of undue influence, as described in Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353. Usually, this will occur where the potential for domination is an inherent part of the parties’ relationship or where there is a relationship of dependency (at 378).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal framework for analyzing proof in solemn form claims where issues of undue influence and undue influence are raised? (British Columbia, Canada)
Is there any case law relating to undue influence or undue influence? (British Columbia, Canada)
Is undue influence sufficient to establish that there is no force or coercion to establish undue influence? (British Columbia, Canada)
Is there a presumption of undue influence between a parent and adult child? (British Columbia, Canada)
What is the test for the presumption of undue influence in real estate transactions? (British Columbia, Canada)
What is the test for invoking the presumption of undue influence? (British Columbia, Canada)
What is the test for the presumption of undue influence? (British Columbia, Canada)
Is there a presumption of undue influence between a parent and adult child in a property transaction? (British Columbia, Canada)
Does the presumption of undue influence trigger? (British Columbia, Canada)
What is the presumption of undue influence in real estate transactions? (British Columbia, Canada)
