COMM 393 Lecture Notes - Lecture 4: Canlii

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Personal property guardian mental competence undue influence. The plaintiffs are personal property guardians for the male plaintiff"s mother, who is currently 87 years old and bedridden in a level-4 care facility. She is physically frail and incapable of managing her own affairs. The plaintiffs allege that the defendant took advantage of the plaintiff"s mother when he rented a home from her and subsequently convinced her to enter into a rent-to-own agreement with respect to the home. The mother purchased the home in 2009 as an investment property. A year later, she rented it to the defendant for per month. Three months later, the defendant prepared a rent-to-own agreement that purported to give him an option to purchase the house and to apply of the monthly rent to the purchase price.

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