What is the test for setting aside a release?
Ontario, Canada
The following excerpt is from 1483677 Ontario Limited v. Crain, 2009 CanLII 69791 (ON SC):
Where a release is properly executed, there must be some evidence to support the setting aside of the release signed by the parties. Here, there is no evidence of inequality of bargaining position. There is no evidence that a stronger party used a position of power to achieve an advantage and there is no evidence that the agreement reached is substantially unfair to the plaintiffs in the sense that it is sufficiently divergent from community standards of commercial morality that it should be set aside: Blackburn v. Eager, 2002 NSCA 41 (CanLII), 203 N.S.R. (2d) 77.
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