What is the test for establishing that a child has a right to exercise undue influence in a property transaction?
British Columbia, Canada
The following excerpt is from Zeligs v. Janes, 2015 BCSC 7 (CanLII):
The plaintiff claims that this case falls within the second class of transactions. Counsel for the plaintiff argues that “Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353 [sic], determined that a gratuitous transfer from a parent to an adult child creates the presumption of undue influence by the adult child.” Counsel submits that as the presumption applies in this case, the onus shifts to the defendant to establish that Regina entered into the transaction as a result of her own "full, free and informed thought".
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