Is a power imbalance that impacts a party's ability to understand and freely assent to a legally binding agreement?

Ontario, Canada


The following excerpt is from Schofield v. Schofield, 2021 ONSC 2285 (CanLII):

[90] A power imbalance that impacts a party’s ability to understand and freely assent to a legally binding agreement should not be confused with signing an agreement in stressful circumstances where there has been financial misrepresentation: Virc v. Blair, 2016 ONSC 49, para. 102.

Other Questions


Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
What is the legal test for binding a municipality to a contract or agreement? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
Does the equitable doctrine of unjust enrichment apply when there is a contact binding on the parties to the collective agreement? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
Is it an abuse of the court’s process for a party to bring multiple legal proceedings against the same party in the same matter? (Ontario, Canada)
What is the legal test to approve a third party funding agreement? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
What is the impact of adding a party to the list of parties in a child protection application? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.