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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 19:04, 16 August 2019
, 19:04, 16 August 2019→E. Inequality of Bargaining Power
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The courts may set aside a release of claim for personal injuries on the grounds that it was in circumstances where it can be shown there was inequality of bargaining power between the parties. | The courts may set aside a release of claim for personal injuries on the grounds that it was in circumstances where it can be shown there was inequality of bargaining power between the parties. | ||
In ''Towers v Affleck'', [1974] 1 WWR 714 at 719 (BCSC), Anderson J. stated that the question to be determined is whether “the plaintiff has proved by a preponderance of evidence that the parties were on such an unequal footing that it would be unfair and inequitable to hold him or her to the terms of the agreement which he or she signed. While the court will not likely set aside a settlement agreement, the court will set aside contracts and bargains of an improvident character made by poor and ignorant persons acting without independent advice unless the other party discharges the onus on him or her to show that the transaction is fair and reasonable.” See also [http://www.canlii.org/en/bc/bcsc/doc/1975/1975canlii1091/1975canlii1091.html?autocompleteStr=pridmore%20v%20calvert&autocompletePos=1 ''Pridmore v Calvert''] 1975 CanLII 1091 (BCSC). | In [https://www.canlii.org/en/bc/bcsc/doc/1973/1973canlii1692/1973canlii1692.html?autocompleteStr=towers%20v%20affleck&autocompletePos=1 ''Towers v Affleck''], [1974] 1 WWR 714 at 719 (BCSC), Anderson J. stated that the question to be determined is whether “the plaintiff has proved by a preponderance of evidence that the parties were on such an unequal footing that it would be unfair and inequitable to hold him or her to the terms of the agreement which he or she signed. While the court will not likely set aside a settlement agreement, the court will set aside contracts and bargains of an improvident character made by poor and ignorant persons acting without independent advice unless the other party discharges the onus on him or her to show that the transaction is fair and reasonable.” See also [http://www.canlii.org/en/bc/bcsc/doc/1975/1975canlii1091/1975canlii1091.html?autocompleteStr=pridmore%20v%20calvert&autocompletePos=1 ''Pridmore v Calvert''] 1975 CanLII 1091 (BCSC). | ||
On the basis of the preponderance of the evidence (or on a balance of probabilities), therefore, the following questions should be asked: | On the basis of the preponderance of the evidence (or on a balance of probabilities), therefore, the following questions should be asked: | ||
