What is the test for unconscionability in the context of the doctrine of inequality of bargaining power?

Alberta, Canada


The following excerpt is from Floyd v. Couture, 2004 ABQB 238 (CanLII):

Kenny J. cited Sopinka J. In Norberg v. Wynrib, supra to the effect that the doctrine of unconscionability and the related principle of inequality of bargaining power are evolving and, as yet, are not completely settled areas of the law of contract. Kenny J. held there was no inequality of bargaining power in the sense of an overwhelming imbalance of power in the relationship between the parties (Norberg). She noted the plaintiff was 39 years old, had completed one year of university and had worked at a bank for a period of time and therefore would have general knowledge of business matters. She also had previous legal experience as she had dealt with a previous accident. Further, there was no pressure on her to execute the document at that time.

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