What is the test for a claim of duress in a family law case?

The test for duress is a high threshold, in this case there is no evidence of any attempt of the father or his counsel to dominate the will of the mother at the time she executed the Minutes. As Penny J. wrote in Ludmer v. Ludmer, 2013 ONSC 784, 33 R.F.L. (7th) 331, to establish duress, “there must be something more than stress associated with a potential breakdown in familial relations. There must be credible evidence demonstrating that the complaining party was subject to intimidation or illegitimate pressure to sign the agreement” (at para. 53, varied in 2014 ONCA 827, [2014] O.J. No. 5565, but not on this point). In this instance, even if I were to accept the mother’s testimony at face value, without my concerns for her credibility, she did not establish that she signed the Minutes under duress.