Can a defence of ex turpi causa operate as a defence to a claim based on a common law right?
British Columbia, Canada
The following excerpt is from Re Bankruptcies of Down et al, 2000 BCSC 1148 (CanLII):
The respondents rely on the doctrine of ex turpi causa, noted above, which can operate as a defence to a common law action or to a claim based on a common law right. The nature and role of this doctrine in assessing common law rights is elaborated in the majority reasons for judgment of McLachlin J. (as she then was) in Hall v. Hebert 1993 CanLII 141 (SCC), [1993] 2 S.C.R. 159.
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