What is the test for setting aside a transaction where the donor was allegedly influenced by undue influence?
British Columbia, Canada
The following excerpt is from Pinsonneault v Courtney, 2022 BCSC 120 (CanLII):
Two classes of transactions may be set aside on the ground of undue influence: a) a gift that resulted from influence expressly used by the donee on the donor (direct undue influence); and b) the relations between the donor and the donee have or at or shortly before the execution of the gift raised the presumption that the donee had influence over the donor (undue influence by relationship or presumed undue influence): Allcard v. Skinner (1887), 36 Ch. D. 145 (Eng. C.A.), at 171; 56 L.J. Ch. 1052; Mondonse at para. 97.
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