Is non est factum a defence for a party to an agreement that is fundamentally different to the agreement that party believed it was?

British Columbia, Canada


The following excerpt is from Gadhri v. 0760815 B.C. Ltd., 2016 BCSC 521 (CanLII):

Non est factum is a defence for a party to an agreement that is fundamentally different from the agreement that party believed he or she was signing. It is a difficult defence for a party to establish: Tang v. Chan, 2014 BCSC 2251 at para. 51.

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