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Whelton Hiutin LLP Successful in Appeal Concerning Law of Constructive Notice of Undue Influence

Whelton Hiutin LLP lawyers Maureen Whelton and Wei Jiang were recently successful in an appeal concerning the law of constructive notice of undue influence. The case, Rose-Terra Investments Inc. v. Chetti, 2024 ONCA 427, involved a settlement agreement with respect to a mortgage debt. The appellant argued the settlement should not be enforced as a result of undue influence exerted by the co-debtor, the appellant’s husband. The Court of Appeal considered the law regarding constructive notice of undue influence as it relates to spousal relationships and determined that motion judge had appropriately determined that the settlement agreement was enforceable. A copy of the decision can be found here.