What is the test for determining whether a scheme is a sham or a sham?
Saskatchewan, Canada
The following excerpt is from R. v. Pasternick, 1956 CanLII 213 (SK CA):
In the case of Bailey v. Beg. 1938 CanLII 8 (SCC), [1938] SCR 427, at 432, 70 CCC 197, Mr. Justice Kerwin as he then was, now Chief Justice of Canada, held that: “ * * * we must apply our knowledge of the usual everyday custom of mankind to deciding whether a scheme is a mere sham or not.”
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