What is the onus on a party seeking to set aside an agreement that was entered into the agreement?

British Columbia, Canada


The following excerpt is from Dhaliwal v. Dhaliwal, 2021 BCCA 72 (CanLII):

The judge referred to the fact that the onus was on the party seeking to set aside the agreement, citing Tian v. Cheung, 2016 BCSC 950 at para. 61. She noted the appellant’s argument that, like the wife in Tian, she had no input into the agreement, she never saw it before seeing the lawyer, she was a vulnerable immigrant, and there was a power imbalance at the time of the making of the agreement. The judge was not persuaded that the appellant’s circumstances were akin to the wife in Tian.

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