What is the test for enforceability of an agreement in which a client is required to attend the office of the solicitor acting for her husband?

Saskatchewan, Canada


The following excerpt is from Koob v. Koob, 1977 CanLII 1540 (SK QB):

While the facts and circumstances in Hunt v. Hunt, supra, and the instant case are by no means identical, the principle, in my view, is the same. Notwithstanding the attendance by the client in the office of the solicitor who was acting for her as well as for her husband, she was not apprised of her statutory rights; and, notwithstanding the instructions she gave, an apprisal of those rights and her exercising her judgment in the knowledge of those rights are prerequisites, in my view, to the enforceability against her of an agreement in which she purported to relinquish those very rights.

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