What is the test for "full, free and informed thought" in the context of a property transaction?
British Columbia, Canada
The following excerpt is from Miller v. Lizotte, 2003 BCSC 155 (CanLII):
The issue I must decide is whether JM transferred the property to the defendant as a result of her own, "full, free and informed thought": See Goodman v. Geffen, supra, at para. 44. I must consider whether actual influence was deployed in the transaction, and whether JM received independent legal advice at the time of the transaction.
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