What is the test for proving duress?
Ontario, Canada
The following excerpt is from Bryczkowski v. Sim & McBurney - Sim Lowman Ashton & McKay LLP, 2016 HRTO 339 (CanLII):
The respondent submits that the applicant has not proved duress, even if all her assertions are true. It points out that the case of Solcan v. Kitchener (City), 2011 HRTO 2205 (CanLII) (“Solcan”), states that in order to meet the definition of duress, there must be a threat of harm (paras. 28 & 29), and that a statement that the applicant may not get any money if she went to a hearing is not sufficient to meet the definition. There is nothing objective that comes close to the threat of harm.
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