Through her lawyer, Ms. Tanya, a commercial landlord, sent a letter to her tenant, Ms. Desie, who ran a bridal shop out of the premises. Tanya's lawyer demanded all back rent and stated that if the rent owed was not received by the deadline specified, Tanya would lock her tenant out of the business premises. Desie had no money to pay the back rent and therefore did not make the specified deadline. In fact, Desie sent in no money at all. The landlord changed the locks. Soon thereafter, the parties came together in settlement whereby Desie agreed to provide a promissory note in the amount owed in addition to Tanya's legal fees in relation to this matter.

Subsequently, Desie alleged that Tanya's lawyer had forced her to settle and sign the promissory note in question. Desie said that she felt that she had no choice but to sign because otherwise, she would not have been allowed back into the rental premises. Desie says that the agreement should be unenforceable due to the lawyer's duress.^{62}62 Did the conduct of the lawyer amount to duress? What constitutes duress?