What is the definition of a "sham"?

Ontario, Canada


The following excerpt is from Moghimi v Dashti, 2016 ONSC 2580 (CanLII):

One of the most commonly cited definitions of "sham" is found in Snook v. London & West Riding Investments Ltd., [1967] 2 Q.B. 786. In that case, Lord Diplock stated as follows: ….I apprehend that, if it has any meaning in law, it means acts done or documents executed by the parties to the "sham" which are intended by them to give to third parties or to the court the appearance of creating between the parties the legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create. One thing, I think, however, is clear in legal principle, morality and the authorities...that for acts or documents to be a "sham", with whatever legal consequences follow from this, all parties thereto must have a common intention that the acts or documents are not to create the legal rights and obligations which they give the appearance of creating.

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