Is unconscionability a defence in real estate law where a party is not able to exercise undue influence?
British Columbia, Canada
The following excerpt is from Gadhri v. 0760815 B.C. Ltd., 2016 BCSC 521 (CanLII):
With unconscionability, the focus is on the reasonableness of the bargain rather than the consent of the party disputing it. There is undoubtedly some overlap between this defence and undue influence: Matheson Estate v. Stefankiw, 2000 SKQB 127 at para. 56.
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