Is economic duress sufficient to vitiate consent to a family agreement?
British Columbia, Canada
The following excerpt is from Young v Sherk, 2019 BCSC 312 (CanLII):
Although economic duress may warrant the setting aside of a family agreement, the claim requires urgent and compelling economic pressures to vitiate consent. Merely caving to the other spouse’s insistence of entitlement and wanting to have the spouse out of one’s home is not sufficient: Stein v. Schommer, 2006 BCSC 1551 at paras. 15-21.
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