What is the test for establishing a relationship with the potential for domination?
British Columbia, Canada
The following excerpt is from Zeligs v. Janes, 2015 BCSC 7 (CanLII):
Accordingly, once a relationship with the potential for domination has been established, the next phase of the inquiry is to examine the nature of the transaction. Where a gratuitous transfer is concerned, the onus moves to the defendant to rebut the presumption on the balance of probabilities: Stone v. Campbell, 2008 BCSC 1518 at para. 44, 44 E.T.R. (3d) 146. …
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