Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court?
British Columbia, Canada
The following excerpt is from Abou-Rached (In Bankruptcy), 2002 BCSC 1022 (CanLII):
The jurisprudence in this province, binding upon me, is clear that, with respect to the factors enumerated in s. 173, an allegation of fraud or breach of trust can only be found where there had been a conviction or a finding of fraud by a judgment in a criminal or civil court, see Herd v. Thompson (1989), 77 C.B.R. (N.S.) 209 (B.C.C.A.). There has been no such finding in this case.
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