What is the test for overturning a Release?
British Columbia, Canada
The following excerpt is from Saliken v. Alpine Aerotech Limited Partnership, 2016 BCSC 832 (CanLII):
The plaintiff seeks to set aside the Release on the grounds of unconscionability. The issue is whether the transaction, seen as a whole, is sufficiently divergent from community standards of commercial morality that it should be rescinded: Harry v. Kreutziger (1978), 1978 CanLII 393 (BC CA), 9 B.C.L.R. 166 (C.A.).
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