What is the "clean hands doctrine" in relation to dishonesty and untrustworthiness in certain areas of evidence?
Ontario, Canada
The following excerpt is from Wachmenko v. Conroy Trebb Scott Hurtubise LLP, 2010 ONSC 2687 (CanLII):
The solicitor has asked the court in the exercise of its discretion to consider the “clean hands doctrine” in relation to the client’s alleged dishonesty and untrustworthiness in certain areas of her evidence. The solicitor’s allegations present a serious strike at the client’s credibility in circumstances where he has elected not to cross-examine the client on her affidavits. In the interest of fairness and in the spirit of the rule in Browne v. Dunn[2], I am not inclined in the circumstances to consider such allegations that have not been put to the client in cross-examination. I find however this does not prevent me from arriving at a determination on whether this is an appropriate case for an assessment. Prejudice to the Solicitor
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