What are the principles of undue influence in real estate law?
British Columbia, Canada
The following excerpt is from Williams v Williams Estate, 2018 BCSC 711 (CanLII):
Justice Groves summarized the general principles that apply to undue influence in Modonese v. Delac Estate, 2011 BCSC 82, aff’d 2011 BCCA 501, at paras. 96-97 and specifically the two ways undue influence may arise:
In Longmuir v. Holland, 2000 BCCA 538 at para. 71, 192 D.L.R. (4th) 62, Southin J.A. defined undue influence as "influence which overbears the will of the person influenced so that in truth what she does is not...her own act".
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