What is the test for an undue influence claim?

British Columbia, Canada


The following excerpt is from Harrison v. Apperloo, 2016 BCSC 1129 (CanLII):

The plaintiff says that the details or particulars of the undue influence claim will be fleshed out from the defendants through the discovery process. Aside from the fact that the plaintiff ought not to make pleas that have no known factual basis, authorities were offered which allow the plaintiff’s obligations under Rule 3-7(18) to await completion of the discovery process. The plaintiff can later add to or elaborate on the initial particulars, following the examinations: Rule 3-7 (20). Nevertheless, in order to identify the actual issues between the parties as well as permit the defendant to comply with the discovery obligations and prepare herself for an examination, it is expected that purported facts of undue influence have more than a generic quality to them. Without intending to do the plaintiff’s job for her, some particulars that might be offered are: How was the testator under the direction and control of the plaintiff? What position of trust and confidence did the defendant hold over the testator? When or how did the defendant coerce the testator? Guidance on the material facts to be pled and proven may also be found in Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353, an authority cited by the plaintiff.

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