What is the test for unconscionable bargain allegations?

British Columbia, Canada


The following excerpt is from Martiniak v. Riley, 1988 CanLII 3377 (BC SC):

With respect to the unconscionable bargain allegation, the first observation that deserves to be made is that, viewed with detachment, there is nothing in this case which arouses a sense of outrage or in­justice such as that which animates a reader of the facts in Morrison v. Coast Finance, supra, and in so many of the other cases where this ground has been advanced. Neither was there what Davey J.A. called “an unconscientious use of power” by the respondent, if indeed he was the stronger party at the time of the transaction, and that is by no means clear. Furthermore, if the petitioner was ignorant, it was self-inflicted ignorance; there is no evidence that she was in need, and she was beyond the power of the respondent and had been for 20 months or more. The first of the unconscionable bargain tests has not, therefore, been met.

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