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ARTICLE · 31 JANUARY 2018

An Unconscionable Bargain

Field Law
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Generally speaking, the law will not protect you from making a bad bargain. However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, ...

CanadaFamily and Matrimonial
Predrag Tomic
Predrag Tomic
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Generally speaking, the law will not protect you from making a bad bargain. However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, the legal doctrine of unconscionability may be used to set it aside. In my practice, most often the issue comes up in the context of the elderly being induced by family members or others to sell a property significantly under fair market value, or to transfer it in exchange for a promise for some other benefit which may never materialize.

The doctrine of unconscionability was recently considered in the case of Burby v Ball, by both the Alberta Court of Queen's Bench (2017 ABQB 300), and the Court of Appeal (2018 ABCA 22).

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