What is the test for unconscionability in the context of a disability claim?
Ontario, Canada
The following excerpt is from Huma et al. v. Mississauga Hospital and Queensway Health Centre (Trillium Health Partners) et al., 2019 ONSC 5115 (CanLII):
The four elements of the test for unconscionability are: (i) a grossly unfair and improvident transaction; and (ii) victim’s lack of independent legal advice or other suitable advice; and (iii) overwhelming imbalance in bargaining power caused by victim’s ignorance of business, illiteracy, ignorance of the language of the bargain, blindness, deafness, illness, senility, or similar disability; and (iv) other parties knowingly taking advantage of this vulnerability. Thompson v. Rogers Communication Inc., 2013 ONSC 6975 at para. 22.
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