What is the test for making a payment involuntary?
British Columbia, Canada
The following excerpt is from Glidurray Holdings Limited v. Qualicum Beach (Village), 1981 CanLII 476 (BC CA):
Of course, other considerations arise where the payment is not made voluntarily as, for example, under duress or coercion. However, to determine whether duress or coercion exists will depend on the circumstances of each case. Osier J.A. adopted, as I would, a definition set out in Radich v. Hutchins (1877), 95 U.S. 210, where Field J. said: To constitute the coercion or duress which will be regarded as sufficient to make a payment involuntary there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment, over the person or property of another, from which the latter has no means of immediate relief than by making the payment.
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