Introduction

[1] This court begins by observing that the defence of non est factum, while this doctrine existed at least as early as 1584, now no longer enjoys the same credibility in modern age legal disputes. This doctrine is of limited application mainly because of the uphill task of proving one. It is reserved for truly exceptional circumstances, such as where a party is illiterate, blind, or under a fundamental misapprehension as to the nature of the document signed, typically due to misrepresentation. It applies only in rare case