What is the test for undue influence, misinformation and duress?
British Columbia, Canada
The following excerpt is from Beach Estate v Beach, 2018 BCSC 1108 (CanLII):
In my view, the claim for undue influence, misinformation and duress against the defendants is bound to fail. The material facts pled in support of this claim are woefully inadequate for this to be a genuine issue for trial as against the defendants. Moreover, the allegation of unconscionability is also bound to fail. For a finding of unconscionability it must be shown for success that there was an inequality in the power of the parties due to ignorance, need or distress of the weaker, which would leave her in the power of the stronger, coupled with proof of substantial unfairness in the bargain: Braut v. Stec, 2005 BCCA at para. 16.
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