Can a litigant be held liable for knowingly advancing inconsistent positions?
British Columbia, Canada
The following excerpt is from Este v. Esteghamat-Ardakani, 2018 BCCA 290 (CanLII):
The principle that a litigant is not entitled to knowingly advance inconsistent positions is longstanding. This is evinced by Manley v. O’Brien (1901), 8 B.C.R. 280 (S.C., Full Ct.). The facts of that case are complicated; for present purposes, the following are sufficient.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can knowing assistance result in a stranger being found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
Can a successful litigant be held liable for the costs of a successful plaintiff who deliberately provides false evidence at any stage of the litigation? (British Columbia, Canada)
What is the test for putting a plaintiff in a better position than her original position? (British Columbia, Canada)
When will an advance of funds be used to fund litigation expenses? (British Columbia, Canada)
What is the appropriate length of notice for a 30 year employee who has been dismissed from his position as a senior management position? (British Columbia, Canada)
Can an independent adjuster’s report prepared in advance of litigation be disclosed to the opposing party? (British Columbia, Canada)
What is the test for a plaintiff to be put in a position where they would have been in a similar position if they had not been injured in an accident? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
What is the difference between the original position and the injured position? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
