What is the test for the law of duress?
Ontario, Canada
The following excerpt is from Odorico v. Odorico, 2021 ONSC 7290 (CanLII):
The law of duress, on the other hand, requires a finding where that party having an equal or unequal standing with another exerts a form of illegitimate pressure, either physical, financial or otherwise that amounts to the coercion of the other to perform an act involuntarily. In Toscano v. Toscano, it was held that “[D]uress involves a coercion of the will of one party or directing pressure to one party so they have no realistic alternative but to submit to the party”.
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