What is the test for a claim of physical duress?
British Columbia, Canada
The following excerpt is from G.C.G. v. M.J.T., 2016 BCSC 1277 (CanLII):
The respondent submitted the claimant’s position on duress is untenable because the facts do not fall into line with the types of oppressive conduct Spence J. discussed in Saxon v. Saxon, [1976] B.C.J. No. 1309 (S.C.) [Saxon], at para. 16: (a) a “physical compulsion of the person, which must be very rare”; (b) a “threat to the person’s life or limb” to a close relative; (c) a “threat of a physical beating”; or (d) a “threat of imprisonment”.
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