Williams v. Boston, [2001] A.J. No. 1661, 2001 ABQB 1105 (affirmed (2003), 327 A.R. 55, 2003 ABCA 84) is one of those cases in which the court found the agreement was unconscionable however, the factual circumstances smacked of undue influence and coercion (the judge also found undue influence). The plaintiff settled, with an adjuster, 10 days after the accident. Neither she nor the adjuster had any medical report concerning her prognosis or expected time of recovery. The plaintiff told the adjuster she wanted to await further medical evidence before settling her claim. She testified that she felt pressured into accepting the offer as the adjuster told her she was unlikely to receive a settlement that exceeded his offer, it was his opinion her injuries would resolve within one month, and if she did not settle that day, she might not receive any compensation later and would have to pay fees of future medical reports. The plaintiff never cashed the cheque.
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