When a party alleging duress has received independent legal advice and had a meaningful opportunity to review the domestic contract, can the court make a finding of duress?
Ontario, Canada
The following excerpt is from M.O. v. F.S., 2019 ONSC 5091 (CanLII):
When the party alleging duress received independent legal advice and had a meaningful opportunity to review the domestic contract, courts are less likely to make a finding of duress (see Balsmeier v. Balsmeier, 2016 ONSC 950 at paras 121-122, 153; Ludmer at paras 55-58).
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