In what circumstances will a plaintiff be able to invoke non est factum despite not being able to read and comprehend English?
British Columbia, Canada
The following excerpt is from Zhang v. Soong, 2012 BCSC 758 (CanLII):
In Sullivan v. Crnogorac (1983), 60 N.S.R. (2d) 201, for example, two Yugoslav men with limited ability to read and comprehend English were able to successfully invoke non est factum despite the fact that the agreement in question was drafted by their lawyer on their instructions, because the judge was satisfied that the lawyer had misunderstood the defendants’ instructions and the defendants had not understood the agreement when it was explained to them.
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