Can a settlement be set aside if an applicant was under duress at the time he signed it?
Ontario, Canada
The following excerpt is from Whitlow v. Ontario (Environment and Climate Change), 2016 HRTO 184 (CanLII):
While a settlement may be set aside if an applicant was under duress at the time he signed it, the test for whether a person has signed a settlement under duress is high and requires an element of threat or coercion. While economic duress is a factor that may be considered, financial difficulties alone are not sufficient to establish economic duress. An applicant must establish that their need was so serious that they had no other option but to sign the settlement: Kailani v. Securitas Canada, 2009 HRTO 1183.
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