What is the test to trigger a presumption of undue influence in the context of a commercial relationship?
British Columbia, Canada
The following excerpt is from McMaster Estate v McMaster, 2021 BCSC 1100 (CanLII):
In order to trigger a presumption of undue influence, the first question to address is whether the potential for domination inheres in the nature of the relationship. The second phase of the inquiry involves an examination of the nature of the transaction: Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353 at paras. 40-44.
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