What is the test for rescission of a voluntary disposition?
British Columbia, Canada
The following excerpt is from Re: Pallen Trust, 2014 BCSC 305 (CanLII):
In an earlier case, Gibbon v. Mitchell [1990] 1 W.L.R. 1304, [“Gibbon”] the test had been stated that rescission of a voluntary disposition would be granted for mistake where “the mistake is as to the effect of the transaction itself and not merely as to its consequences or the advantages to be gained by entering into it.”
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