What is the test for assessing the merits of a commercial transaction?
Newfoundland and Labrador, Canada
The following excerpt is from Downer v Pitcher, 2017 NLCA 13 (CanLII):
The evaluation of the merits of the transaction is generally for the parties, not the courts, to determine. The point was put this way by LeBel J., dissenting (but not on this point) in obiter in Miglin v. Miglin, 2003 SCC 24, [2003] 1 S.C.R. 303:
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