What is the test for a party to be released from a mental health release?

Ontario, Canada


The following excerpt is from Qu v. Mississauga (City), 2014 HRTO 1152 (CanLII):

The decision in Pritchard v. Ontario (Human Rights Comm.), 1999 CanLII 15058 outlines criteria for departing from that principle. The factors in Pritchard are (1) whether the party fully understood the significance of the release; (2) whether the party received sufficient and fair consideration for signing the release; (3) evidence of economic pressure; and (4) evidence of psychological or emotional pressure amounting to duress.

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