In a personal injury case, is a plaintiff's education limited to Grade 5 education?

Saskatchewan, Canada


The following excerpt is from Sperling Estate v. Heidt, 1999 CanLII 12462 (SK QB):

In Harry v. Kreutziger (supra), the plaintiff had a Grade 5 education; was mild, inarticulate, retiring and not widely experienced in business matters. The defendant aggressively pursued the bargain despite the plaintiff’s unwillingness to sell. As well, the defendant misled the plaintiff.

In Morrison v. Coast Finance Ltd. et al. (supra), the plaintiff was a widow of 79 years with meagre means. She requested help prior to executing a mortgage to be registered against her home. She received none of the proceeds and had not the means to make the payments. The defendants took advantage of her “obvious ignorance and inexperience”.

In Knupp v. Bell et al. (supra), the defendant, who was the vendor of certain land, was an 85-year-old widow. She was frequently disoriented in time, without any business experience, without knowledge of the value of her land, forgetful and very easily led by others.

In Turner Estate v. Bonli Estate (supra), the defendant was 88 years old when he sold his farmland. There were days when he was confused. Six days after executing the agreement for sale, he denied that he had sold or rented the land. Rather he said that he had bought the land.

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