What is the effect of the Lord Chancellor’s opinion on scandal and impertinence?
Saskatchewan, Canada
The following excerpt is from F. v. Koyl Securities Limited, 1939 CanLII 193 (SK QB):
In Fenhoulet v. Passavant, supra, the Lord Chancellor in his judgment is reported as follows: “The single question is, whether these charges, referred for scandal and impertinence, may be relevant to the merits; and the majus or minus of the relevancy is not material, which turns on this, whether plaintiff has any ground for this suit or not; for if relevant, it cannot be said they are scandalous or impertinent. Otherwise it would be laying down a rule, that all charges of fraud are scandalous; which would be dangerous, and cannot be the rule; for nothing pertinent to the cause can be said to be scandalous.”
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