Is there any case law where viva voce evidence is required in the context of allegations of undue influence?
Ontario, Canada
The following excerpt is from Ever Fresh v. Jamia, 2013 ONSC 1558 (CanLII):
A question of undue influence will always require viva voce evidence to determine what was said or done by whom. Scott v. Cockburn 2005 Carswell Ont. 2802 (S.C.J.) para. 8.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a witness’s evidence considered in the context of the totality of the evidence? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the meaning of undue influence in the context of a testamentary disposition? (Ontario, Canada)
Is there a presumption of undue influence in the context of the sale of shares? (Ontario, Canada)
What is the legal test of undue influence in the context of a Will? (Ontario, Canada)
What is the test for undue influence in the context of the transfer of assets? (Ontario, Canada)
What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
What are the rules of engagement for a plaintiff who alleges undue influence in a will? (Ontario, Canada)
What is the test for the equitable doctrine of undue influence? (Ontario, Canada)
What is the basis for a husband seeking to introduce into evidence a birthday card sent by the wife to a friend shortly after the wife allegedly removed her children from Australia? (Ontario, Canada)
