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 test for assessing pre-trial loss of income for a plaintiff who is injured in a motor vehicle accident? (Alberta, Canada)
What is the legal test for search and seizure of personal data under s. 8 of the Charter? (Alberta, Canada)
Is it sufficient to describe privileged documents as: Document mechanically numbered 1 to 5287? (Alberta, Canada)
Is there any new or newly discovered evidence at a review of a decision? (Alberta, Canada)
Is an orthopaedic surgeon required to inform a patient of a less serious alternative procedure which may not have the potential to treat scoliosis? (Alberta, Canada)
What factors guide the award of increased costs for an unproven allegation? (Alberta, Canada)
