March 18, 2025 – Duress: What’s The Test?

“In order to find duress, “there must be something more than stress associated with a potential breakdown in familial relations. There must be credible evidence demonstrating that the complaining party was subject to intimidation or illegitimate pressure to sign the agreement”: Ludmer v. Ludmer, 2013 ONSC 784, 33 R.F.L. (7th) 331, at para. 53. Duress involves coercing the will of, or directing pressure to, a party so that “they have no realistic alternative but to submit”: Ludmer, at para. 53. It can include “coercion, intimidation or the application of illegitimate pressure”: Toscano v. Toscano, 2015 ONSC 487, 57 R.F.L. (7th) 234, at para. 72.”

            Albaum v. Albaum, 2024 ONSC 1595 (CanLII) at 76

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