Can the defence of fraud be struck in an action for fraud?
British Columbia, Canada
The following excerpt is from McIsaac v. Healthy Body Services Inc., 2009 BCSC 1716 (CanLII):
In ICBC v. Dragon Driving School Canada Ltd., 2007 BCSC 387 at para. 3, the court held that as a result of the defence being struck in an action for fraud, the defendant was deemed to have admitted the allegations in the statement of claim regarding the amounts of payments he received and disbursed in the course of his scheme to fraudulently attain driver’s licences for his clients.
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