What must a party establish to set aside an agreement for unconscionability?

British Columbia, Canada


The following excerpt is from N.J. v. J.J., 2013 BCSC 155 (CanLII):

The Court of Appeal in Klassen v. Klassen, 2001 BCCA 445 at para. 59 explains what a party must establish to set aside an agreement for unconscionability:

Other Questions


What is the onus on a party seeking to set aside an agreement that was entered into the agreement? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Is non est factum a defence for a party to an agreement that is fundamentally different to the agreement that party believed it was? (British Columbia, Canada)
Can a party claim arrears of maintenance under the terms of a divorce agreement where there has been no application for child support since the divorce agreement was signed? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does contemplation of parties to a further agreement negate the existence of a binding agreement? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.