What is the test for non est factum?
British Columbia, Canada
The following excerpt is from Asara Holdings Inc. v 1041085 B.C. Ltd., 2021 BCSC 2350 (CanLII):
It is well recognized that non est factum involves a form of compromise between two competing objectives. On the one hand, there is the objective of providing relief for “a signer whose consent is genuinely lacking”, and on the other hand there is the objective of protecting “innocent third parties who have acted upon an apparently regular and properly executed document”: Marvco at 787, citing Saunders v. Anglia Building Society, [1971] A.C. 1004 at 1023–24.
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