What is the test for an ex turpi causa?
Alberta, Canada
The following excerpt is from Bartlett v. Bartlett, 2012 ABQB 122 (CanLII):
She relies on the principle of ex turpi causa, or, “out of fraud no action arises”. She specifically cites Hall v. Hebert, 1993 CanLII 141 (SCC), [1993] 2 S.C.R. 159, and J.T.L. v. R.G.L.. 2010 BCSC 1233.
"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
How has the doctrine of ex turpi causa been interpreted? (Alberta, Canada)
Can a defendant rely on the defence of ex turpi causa? (Alberta, Canada)
Is a breach of a statutory obligation drafted to ensure the adoption of a careful method of working a “turpis causa” within the meaning of the rule? (Alberta, Canada)
What are the requirements for a valid donatio mortis causa? (Alberta, Canada)
What is the applicable substantive law to a contract? (Alberta, Canada)
Does water leakage render the property unfit for habitation? (Alberta, Canada)
What is the effect of deducting from the gross value of a deceased's estate for the purposes of calculating future family expenses? (Alberta, Canada)
What is the test for an agreement to confer benefit by will? (Alberta, Canada)
What is the test for standing to set aside a transfer of funds under the Proceeds of Crime and Insolvency Acts? (Alberta, Canada)
Can a finding of fact be reviewed for palpable and overriding error? (Alberta, Canada)
