Does unconscionability in the matrimonial context apply to the commercial context?

Unconscionability in the matrimonial context is not equivalent to unconscionability in a commercial context. As stated in Miglin v. Miglin, 2003 SCC 24, [2003] 1 S.C.R. 303, at para. 82: … There is a danger in borrowing terminology rooted in other branches of the law and transposing it into what all agree is a unique legal context. There may be persuasive evidence brought before the court that one party took advantage of the vulnerability of the other party in separation or divorce negotiations that would fall short of evidence of the power imbalance necessary to demonstrate unconscionability in a commercial context between, say, a consumer and a large financial institution.