Can a settlement be set aside if an applicant was under duress at the time she signed it?
Ontario, Canada
The following excerpt is from Senior v. City of Toronto Bendale Acres Long Term Care Homes and Services, 2016 HRTO 133 (CanLII):
While a settlement may be set aside if an applicant was under duress at the time she 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 her need was so serious that she had no other option but to sign the settlement: Kailani v. Securitas Canada, 2009 HRTO 1183.
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