What is the test for establishing that there was no actual undue influence between the parties?
Ontario, Canada
The following excerpt is from Donis v. Georgopoulos, 2016 ONCA 194 (CanLII):
Once the trial judge found that there was no actual undue influence, he was required to inquire into the nature of the relationship between the parties to determine whether that relationship triggered a presumption of undue influence. Once he found the presumption to have arisen, the onus shifted to Dimitra to rebut it: Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353, at 378-9.
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