What are the reasons for the withdrawal of an allegation of fraud in a personal injury case?
British Columbia, Canada
The following excerpt is from Pacific Hunter Resources Inc. v. Moss Management Inc., 2009 BCSC 1049 (CanLII):
The Reasons in Inmet are to the same effect. Madam Justice Satanove states at para. 19: The mere fact that an allegation of fraud was advanced and failed is not conclusive proof of conduct deserving rebuke. It is a factor to take into account together with the conduct of the litigation itself and the conduct of the litigants. (Ahluwalia v. Richmond Cabs Ltd. (1994), 28 C.P.C. (3d) 226 (B.C.S.C.)). It is always preferable that pleas of this nature, which cast aspersions on a parties integrity, be withdrawn at an early stage if they cannot be made out.
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