What is the test for obtaining independent legal advice at the time of negotiation?
British Columbia, Canada
The following excerpt is from Young v Sherk, 2019 BCSC 312 (CanLII):
Receiving independent legal advice at the time of negotiation is an important means of ensuring an informed decision to enter an agreement: Hartshorne v. Hartshorne, 2004 SCC 22 at para. 60. As such, in considering whether a party understood the nature and consequences of an agreement, the court must consider whether independent legal advice was obtained and if so, the quality of that advice.
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