What is equitable fraud under the equitable doctrine of concealment?
British Columbia, Canada
The following excerpt is from WestCorp Solutions Ltd. v Lancaster, 2018 BCSC 789 (CanLII):
Concealment is considered to be equitable fraud because it is “conduct which, having regard to the social relationship between the two parties concerned, is an unconscionable thing for one to do towards the other”: Guerin v. Canada, 1984 CanLII 25 (SCC), [1984] 2 S.C.R. 335 at para. 40.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a statement of claim for common law fraud or equitable fraud proper? (British Columbia, Canada)
Is active concealment a claim of fraud? (British Columbia, Canada)
What is the equitable doctrine of undue influence? (British Columbia, Canada)
Does the "Golden Years" doctrine apply to the application of the Golden Years doctrine? (British Columbia, Canada)
What is the test for compensatory support under the doctrine of equitable sharing of the economic consequences of a marriage and its breakdown? (British Columbia, Canada)
Can the defence of fraud be struck in an action for fraud? (British Columbia, Canada)
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court? (British Columbia, Canada)
In what circumstances can a party be found to have concealed or concealed assets? (British Columbia, Canada)
Does the "clean hands" doctrine apply to equitable relief? (British Columbia, Canada)
