How have courts interpreted carelessness or recklessness in the context of an allegation of fraud?
Ontario, Canada
The following excerpt is from Antorisa Investments Ltd. v. 172965 Canada Ltd., 2006 CanLII 29518 (ON SC):
In Angus v. Clifford, [See Note 25 below] Bowen L.J. more precisely discusses the role of carelessness or recklessness: Not caring, in [the context of an allegation of fraud], did not mean taking care, it meant indifference to the truth, the moral obliquity which consists in [page459] a wilful disregard of the importance of truth, and unless you keep it clear that that is the true meaning of the term, you are constantly in danger of confusing the evidence from which the inference of dishonesty in the mind may be drawn -- evidence which consists in a great many cases of gross want of caution -- with the inference of fraud, or of dishonesty itself, which has to be drawn after you have weighed all the evidence.
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