“Kiteley J. in the recent decision of Turk v. Turk 2015 ONSC 5845 (CanLII) at para. 93 set out the meaning of duress:
[93] I accept and rely on this description of duress:
Duress is said to occur where there is such pressure placed on one of the parties that any consent by that party is not sufficient to uphold the agreement. There exists an absence of choice which in effect vitiates any ability to lawfully consent. However, duress sufficient to void an agreement does not arise based only upon a lack of will to proceed but rather it must be based upon a resolution on the part of the submitting party that there is no other practical choice but to perform the act in question. Duress can be established based upon actual or threatened violence or upon economic considerations.”