What is the effect of the principle that no court will lend its aid to a person who has committed an illegal act?
Alberta, Canada
The following excerpt is from Isabelle v. Maddalena, 2009 ABPC 341 (CanLII):
Mr. Justice Laycraft also made reference to the case of Holman v. Johnson (1775), 1 Cow p. 341 in which Lord Mansfield set out the principle that: “No Court will lend its aid to a man who founds his cause of action upon an immoral or illegal act”. Mr. Justice Laycraft stated that “since 1775 this principle has been repeatedly applied with the result generally, that gains or losses resulting from illegal transactions remain where they have fallen”.
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