Feb. 16th, 2004

ciroccoj: (Default)
Hee. I love judgerly digs at defendants :)

"It should not, I think, lie in his mouth to say that he should not be responsible for what followed [his fraud] because his fraud was so obvious that it ought to have been detected."

Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd. , [2002] 1 S.C.R. 678. Binnie J.


Later Edit:
And then it gets better. Binnie quotes from another case:

Once the plaintiff knows of the fraud he must mitigate his losses but until he knows of it, in my view, no issue of reasonable care or anything resembling it arises at law.

And in my opinion, a good thing, too. There may be greater damages to civilized society than endemic dishonesty. But I can think of nothing which will contribute to dishonesty more than a rule of law which requires us all to be on perpetual guard against rogues lest we be faced with a defence of, "Ha, ha, your own fault I fool you."

United Services Funds (Trustees) v. Richardson Greenshields of Canada Ltd. (1988), 48 D.L.R. (4th) 98 (BCSC). Southin J.

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