What are the requirements of the in terrorem doctrine?
Ontario, Canada
The following excerpt is from Kathleen Budai v. Susan Milton, 2014 ONSC 5530 (CanLII):
The third and last requirement of the in terrorem doctrine is that the threat must be idle. Both parties rely on Kent v. McKay[1], which states, The “threat” must be “idle”; that is the condition must be imposed solely to prevent the donee from undertaking that which the condition forbids. Therefore a provision which provides only for a bare forfeiture of the gift on breach of the condition is bad.[2]
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