In November I wrote a blog entry advocating the need to challenge a document before signing, not after.
I recently successfully argued this very principal in the Ontario Superior Court.
The issue was whether a release signed by the plaintiff should be upheld, or should the release be set aside and the law suit continue. I represented the successful defendant.
During the argument, the Judge made some very inciteful comments, including this one: the Court’s role is not to protect against foolishness, it is to protect against unconscionability.
The Judge made these comments after finding that the plaintiff had signed the release without reading it and without obtaining any advice, legal or other, despite having an opportunity to do.
There are circumstances where releases will be set aside, however, they are few and far between.
So, as I said before, read before you sign, or lose the right to whine.