Is there any evidence of constructive or equitable fraud?
Saskatchewan, Canada
The following excerpt is from Dominion Fire-Brick & Clay Products Limited v. Pollock, 1919 CanLII 270 (SK QB):
I cannot find that plaintiff has participated in or colluded in any fraud. Fraud under these sections means actual fraud, i.e., dishonesty of some sort, not what is called constructive or equitable fraud. Assets Company v. Mere Roihi [1905] A.C. 176, 74 L.J.P.C. 49; Ross v. Stovall [1919] 1 W.W.R. 676.
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