In what circumstances will a court overturn an agreement for the sale of a homestead made by an elderly father in good health and in possession of all his faculties?
Saskatchewan, Canada
The following excerpt is from Shoop v. Tanner, 1986 CanLII 3077 (SK QB):
In the case of Calnusby v. Karaloff, 1946 CanLII 24 (SCC), [1947] S.C.R. 110 the court refused to set aside an agreement for the sale of a homestead made by an aged father in good health and in possession of all his faculties to his son on the ground that these facts do not constitute a fiduciary relationship between the parties whereby the courts will presume confidence put and influence exerted by the son that would place the burden upon him to prove the agreement was made voluntarily and with an understanding of its nature and effect.
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