What is the test for an unconscionable claim?

British Columbia, Canada

The following excerpt is from CHRISTOPHER v. Westminster Savings Credit Union, 2003 BCSC 362 (CanLII):

I would add that, in Harry v. Kreutzieger, Mr. Justice McIntyre described the test as follows: "Where a claim is made that a bargain is unconscionable, it must be shown for success that there was inequality in the position of the parties due to the ignorance, need or distress of the weaker, which would leave him in the power of the stronger, coupled with proof of substantial unfairness in the bargain. When this has been shown, a presumption of fraud is raised, and the stronger must show, in order to preserve his bargain, that it was fair and reasonable."

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