Legal Word of the Day: “Vitiate”

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“Vitiate” — Reduce or diminish the effect or enforceability of an agreement or consent — in whole or in part.

Where duress, threats and the like were used to gain acceptance to the terms of a document or contract, the effect will be to vitiate that agreement. Certain circumstances may vitiate consent to a sexual act, under sections 265(3), 273.1(2)(c) and 273.1(3) of the Criminal Code, and by common-law policy grounds.

Related Cases:

R. v. D. G. S., 2004 CanLII 7198 (ON CA)
Does the threat of publishing nude photos vitiate consent to sexual intercourse?

F. (Re), 2008 CanLII 59081 (ON CCB)
What remedy can the Consent & Capacity Board grant to an involuntary patient, for the hospital’s failure to release him after 72 hours?

Augustine v. Nadrofsky Corporation (1986), 17 O.A.C. 297 (Div. Ct.)
Can an employer withhold a cheque until an employee signs a Human Rights complaint waiver?

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