What is the test for setting aside a general release on the basis of duress?

To succeed in setting aside a release on the basis of duress the plaintiffs must show that the defendants or their agents committed the fraud, duress, or undue influence that tainted the agreement. The test was set out in Kirsch v. Insurance Corp. of British Columbia (1987), 31 C.C.L.I. 148 (B.C.C.A.), where, at p. 153, the court stated: To succeed against the defendants, the plaintiffs must show that the defendants or their agents committed the fraud or duress or undue influence that they say tainted the agreement. In other words it is not sufficient for the plaintiffs to show that they executed the general release by reason of the fraud, duress or undue influence of their own agent.