What is the effect of an allegation of fraud against a plaintiff in a civil proceeding?
British Columbia, Canada
The following excerpt is from Inmet Mining Corp. v. Homestake Canada Inc., 2002 BCSC 681 (CanLII):
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 It is always preferable that pleas of this nature, which cast aspersions on a parties integrity, be withdrawn at an early stage if they cannot be made out.
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