What is the burden of proving that there was no undue influence on the agreement?

Alberta, Canada

The following excerpt is from Swan City Taekwon-Do Club v Podolchyk, 2017 ABPC 244 (CanLII):

As per Hittinger v. Turgeon, 2005 ABQB 257: 51 It has long been recognized that in some circumstances there may be a presumption of undue influence arising from the relationship between the parties. In such circumstances, the evidentiary burden of proof shifts to the party seeking to uphold the agreement to show that there was no exercise of undue influence. Thus, unless there is a presumption of undue influence, the Defendant carries the burden of proving that he was subjected to undue influence as a result of which he executed the Agreement.

Other Questions

What is the burden of undue influence against a volunteer who was found to have exercised undue influence on the condition of the volunteer? (Alberta, Canada)
Can an agreement by the parties of Fort McMurray (City) and the Agreement of Agreement give the parties the authority to set up an enforcement board? (Alberta, Canada)
Does a continuing relationship raise the presumption of undue influence in a transaction that benefits the person in whom the influence rests? (Alberta, Canada)
Can a vendor cancel an agreement where a purchaser defaults and all moneys paid under the agreement are forfeited to the vendor? (Alberta, Canada)
Can evidence that is not in the form of a written agreement be considered to prove otherwise? (Alberta, Canada)
What is the burden of establishing a claim of undue hardship? (Alberta, Canada)
What is the burden of proving knowledge and approval in a will? (Alberta, Canada)
Can a written agreement be enforced if the written agreement is not executed? (Alberta, Canada)
What is the burden of proving consent in medical malpractice cases? (Alberta, Canada)
What is the burden of proving on a balance of probabilities that removal or retention of a child was wrongful? (Alberta, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.