Can an action be brought in the form of an illegal contract?
Saskatchewan, Canada
The following excerpt is from Pelletier v. Imperial Oil Limited, 1941 CanLII 145 (SK CA):
Realizing that he could not maintain an action based on an illegal contract, the appellant jettisoned the agreement and brought his action in the form above mentioned, no doubt in the hope of bringing it within the principle of Elford v. Elford 1922 CanLII 53 (SCC), [1922] 3 W.W.R. 339, 64 S.C.R. 125.
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