Does a lack of independent legal advice invalidate a settlement agreement?
British Columbia, Canada
The following excerpt is from To v. Owston, 2015 BCSC 1403 (CanLII):
Furthermore, in Bradshaw v. Bradshaw, 2011 BCSC 1103 at paras. 48-49, the court confirmed that the lack of independent legal advice, without more, will not invalidate an agreement. Finally, I observe that clause 15 of the Settlement Agreement confirms that each party entered into the agreement “without any undue influence, or fraud or coercion or misrepresentation whatsoever”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of obtaining independent legal advice at the time of negotiation of a marriage agreement? (British Columbia, Canada)
What is the legal test for recommending independent legal advice? (British Columbia, Canada)
Is understanding the effect of a personal injury agreement sufficient to satisfy the requirement for independent legal advice? (British Columbia, Canada)
What is the impact of an agreement requiring independent legal advice? (British Columbia, Canada)
What is the legal test for invalidation of an agreement? (British Columbia, Canada)
What is the nature of independent legal advice in the context of family law? (British Columbia, Canada)
What is the effect of having proper legal advice on an unfair agreement? (British Columbia, Canada)
What are the duties of a solicitor giving independent legal advice in the Family Law context? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
What is the legal test for a motion to stay a settlement in an interlocutory matter where the settlement has yet to be perfected? (British Columbia, Canada)
