What is the test for determining whether there was an unequal bargaining power between the two parties?
British Columbia, Canada
The following excerpt is from Murray v. Affordable Homes Inc., 2007 BCSC 1428 (CanLII):
The first part of the test requires the plaintiff to show that there was inequality in bargaining power. If this inequality exists, the court must determine whether the power of the stronger party was used in an unconscionable manner. The most important factor in answering the second inquiry is whether the bargain reached between the parties was fair (Warman v. Adams, 2004 BCSC 1305, [2004] 17 C.C.L.I. (4th) 123 at para. 7).
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