| But the unconscionability of the transaction remains of direct materiality to the case based on undue influence. |
| The judgment also raises the question of what types of clauses will be subject to the unconscionability test. |
| It is certainly conceivable that the SCC, in a subsequent decision, will have to determine the test for unconscionability in the case of exclusion or limitation of liability clauses. |
| Which law governs its essential validity, including issues such as fraud, mistake, misrepresentation or unconscionability? |
| In one decision, the court held that a special test for unconscionability should be used in the matrimonial context. |
| As counsel for the Bank has pointed out, the Statement of Defence does not plead unconscionability. |
